1 The criminal justice authorities are obliged to commence and conduct proceedings that fall within their jurisdiction where they are aware of or have grounds for suspecting that an offence has been committed.

for the exclusion or limitation of criminal liability for statements made in the cantonal parliament of the members of their legislative and judicial authorities and of their governments;

b.

that the prosecution of members of their authorities responsible for the execution of sentences and measures and judicial authorities for felonies or misdemeanours committed while in office be made subject to the authorisation of a non-judicial authority.

1 The public prosecutor and courts shall waive prosecution if the federal law so permits, in particular subject to the requirements of Articles 52, 53 and 54 of the Swiss Criminal Code1 (SCC).

2 Unless it is contrary to the private claimant's overriding interests, they shall also waive prosecution if:

a.

the offence is of negligible importance in comparison with the other offences with which the accused is charged as regards the expected sentence or measure;

b.

any additional penalty imposed in combination with the sentence in the final judgment would be negligible;

c.

an equivalent sentence imposed abroad would have to be taken into account when imposing a sentence for the offence prosecuted.

3 Unless it is contrary to the private claimant's overriding interests, the public prosecutor and courts may waive the prosecution if the offence is already being prosecuted by a foreign authority or the prosecution has been assigned to such an authority.

4 In such cases, they shall issue an order stating that no proceedings are being taking or that the ongoing proceedings have been abandoned.

1 Every person is presumed to be innocent until they have been convicted in a judgment that is final and legally binding.

2 The court shall be free to interpret the evidence in accordance with the views that it forms over the entire proceedings.

3 Where there is insurmountable doubt as to whether the factual requirements of alleged offence have been fulfilled, the court shall proceed on the assumption that the circumstances more favourable to the accused occurred.

1 The Confederation and the cantons shall determine their own criminal justice authorities and the titles that they use.

2 They shall regulate the composition, organisation and powers of the criminal justice authorities and the appointment of their members, unless this Code or other federal acts regulate the same in full.

3 They may establish the offices of a chief public prosecutor or attorney general.

4 They may establish two or more similar criminal justice authorities and specify the local or material jurisdiction of each; exempted therefrom are the objections authority and the court of appeal.

5 They shall regulate the supervision of their criminal justice authorities.

1 The activities of the federal, cantonal and communal police in prosecution matters are governed by this Code.

2 The police investigate offences on their own initiative, in response to reports from members of the public and from authorities, and on the instructions of the public prosecutor; in doing so, they are subject to the supervision and the directives of the public prosecutor.

3 Where criminal proceedings are pending before a court, the court may issue the police with instructions and assignments.

1 The Confederation and the cantons may delegate the prosecution and adjudication of contraventions to administrative authorities.

2 Where contraventions are committed in connection with a felony or misdemeanour, they shall be prosecuted by the public prosecutor and judged by the courts at the same time as the more serious offence.

1 The court of first instance assesses, as the first instance, all offences that do not fall within the jurisdiction of other authorities.

2 The Confederation and the cantons may provide that the court of first instance comprise one judge sitting alone to assess:

a.

contraventions;

b.

felonies and misdemeanours, with exception of those for which the public prosecutor demands a custodial sentence of more than two years, indefinite incarceration in terms of Article 64 SCC1, treatment in terms of Article 59 paragraph 3 SCC or, in the case of suspended sanctions to be revoked simultaneously, a deprivation of liberty of more than two years.

the offences in Titles One and Four and Articles 140, 156, 189 and 190 insofar as they are committed against persons protected by international law, members of the Federal Council, the Federal Chancellor or judges of the Federal Courts, members the Federal Assembly, the Federal Attorney General or the Deputy Attorneys General;

b.

the offences in Articles 137-141, 144, 160 and 172ter insofar as they relate to premises, archives or documents of diplomatic missions and consulates;

c.

the taking of hostages in terms of Article 185 in order to exert duress on federal or foreign authorities;

d.

felonies and misdemeanours under Article 224-226ter;

e.

the felonies and misdemeanours in Title Ten relating to coinage, paper money and banknotes, official stamps and other federal marks, weights and measures;

f.

the felonies and misdemeanours in Title Eleven insofar as they relate to official federal documents, with the exception of driving licences and receipts for postal money transfers;

the offences in Title Twelvebis and Twelveter as well as Article 264k;

h.

the offences in Article 260bis and in Titles Thirteen to Fifteen and in Title Seventeen, provided they are directed against the Confederation, the authorities of the Confederation, the will of the People in federal elections, popular votes, requests for a referendum or initiatives, against federal powers or against the administration of federal justice;

i.

the felonies and misdemeanours in Title Sixteen;

j.

the offences in Titles Eighteen and Nineteen insofar as they are committed by a member of an authority or an employee of the Confederation or against the Confederation;

k.

the contraventions in Articles 329-331;

l.

political felonies and misdemeanours that are the cause or consequence of unrest that gives rise to armed federal intervention.

2 The regulations contained in special federal acts on the jurisdiction of the Federal Criminal Court are reserved.

1 SR 311.02 Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).3 Amended by No I 3 of the Federal Act of 18 June 2010 on the Amendment of Federal Legislation in Implementation of the Rome Statute of the International Criminal Court, in force since 1 Jan. 2011 (AS 2010 4963; BBl 2008 3863).

1 Federal jurisdiction further applies to the offences in Articles 260ter, 260quinquies, 305bis, 305ter and 322ter-322septies SCC1 as well as the felonies associated with a criminal organisation as defined in Article 260ter SCC, if the offences:

a.

have to substantial extent been committed abroad;

b.

have been committed in two or more cantons with no single canton being the clear focus of the criminal activity.

2 In the case of felonies under Titles Two and Eleven of the SCC, the Office of the Attorney General of Switzerland may open an investigation if:

a.

the requirements of paragraph 1 are fulfilled; and

b.

no cantonal criminal justice authority is dealing with the case or if the competent cantonal criminal justice authority requests the Office of the Attorney General of Switzerland to take over the case.

3 The opening of an investigation in accordance with paragraph 2 establishes federal jurisdiction.

1 The Office of the Attorney General of Switzerland may assign a criminal case subject to federal jurisdiction in terms of Article 23 to the cantonal authorities for investigation and adjudication or, by way of exception, for assessment only. Exempted therefrom are criminal cases in terms of Article 23 paragraph 1 letter g.

2 In minor cases, it may also assign a criminal case subject to federal jurisdiction in terms of Article 24 to the cantonal authorities for investigation and adjudication.

1 If the offence was committed in two or more cantons or abroad or if offenders, co-offenders, or participants are domiciled or habitually resident in different cantons, the Office of the Attorney General of Switzerland shall decide which canton investigates and adjudicates the case.

2 If a criminal case is subject to both federal and cantonal jurisdiction, the Office of the Attorney General of Switzerland may instruct the proceedings to be combined and dealt with by the federal authorities or the cantonal authorities.

3 Jurisdiction established in accordance with paragraph 2 continues to apply even if that part of the proceedings that established jurisdiction has been abandoned.

4 Where delegation in accordance with this Chapter is an option, the public prosecutors of the Confederation and the cantons shall provide each other with their respective files. Once the decision is made, the files shall be passed to the authority that must investigate and adjudicate the case.

1 Where a case is subject to federal jurisdiction, the matter is urgent and the federal criminal justice authorities are not yet involved, the police enquiries and the investigation may also be conducted by the cantonal authorities that have local jurisdiction under the rules on place of jurisdiction. The Office of the Attorney General of Switzerland must be notified immediately; the case must be transferred to the OAG or referred for a decision in terms of Articles 25 or 26 as soon as possible.

2 In the case of offences that have been committed wholly or partly in two or more cantons or abroad and for which federal or cantonal jurisdiction has not yet been established, the federal criminal justice authorities may conduct the initial enquiries.

2 Where one or more of multiple offences are subject to federal jurisdiction or multiple offences have been committed in different cantons and by two or more persons, Articles 25 and 33-38 take precedence.

1 The authorities of the locus of criminal act was committed have jurisdiction to prosecute and adjudicate the offence. If it is only the outcome of the offence that occurs in Switzerland, the authorities at the place where it occurs have jurisdiction.

2 Where the offence is committed in two or more places or if the outcome occurs in two or more places, the authorities in the place where the initial prosecution procedures are carried out have jurisdiction.

3 Where an accused has committed two or more felonies, misdemeanours or contraventions in the same locus, the various proceedings shall be combined.

1 Where an offence was committed abroad or if the place of commission cannot be established, the authorities of the place where the accused is domiciled or habitually resident has jurisdiction to prosecute and adjudicate the offence.

2 If the accused is neither domiciled nor habitually resident in Switzerland, the authorities at his or her place of origin have jurisdiction; in the absence of a place of origin, the authorities of the place where the accused was found have jurisdiction.

3 In the absence of a place of jurisdiction in accordance with paragraphs 1 and 2, authorities of the Canton requesting extradition have jurisdiction.

1 Where an accused has committed two or more offences at different loci, the authorities of the place where the offence that carries the most severe penalty was committed have jurisdiction to prosecute and adjudicate all offences. Where two or more offences carry the same penalty, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction.

2 Where charges have already been brought in a participant canton in respect of one of the offences at the time of the procedure to establish jurisdiction in accordance with Articles 39-42, the proceedings shall be conducted separately.

3 Where a person is sentenced by different courts to two or more similar penalties, the court that has imposed the most severe penalty shall on application impose a cumulative sentence on the convicted person.

1 In the case of an offence under Article 28 SCC1 committed in Switzerland, the authorities of the place where the media undertaking has its registered office have jurisdiction.

2 If the author is known and if he or she is domiciled or habitually resident in Switzerland, the authorities at the domicile or the place of habitual residence have jurisdiction. In such a case, the proceedings shall be conducted where the initial prosecution procedures were carried out. In the case of offences prosecuted only on complaint, the complainant may choose between the two places of jurisdiction.

3 Where no place of jurisdiction is established by paragraphs 1 or 2, the authorities of the place where the media product is broadcast have jurisdiction. If broadcasting takes place in two or more places, the authorities of the place where the initial prosecution procedures were carried out have jurisdiction.

1 In the case of offences in accordance with Articles 163-171bis SCC1, the authorities at the domicile, place of habitual residence or registered office of the debtor have jurisdiction responsible.

2 For criminal proceedings against a corporate undertaking in terms of Article 102 SCC, the authorities at the registered office of the undertaking have jurisdiction. The foregoing also applies if a person acting for the undertaking is also being prosecuted for the same offence.

3 In the absence of a place of jurisdiction in accordance with paragraphs 1 and 2, jurisdiction is established in accordance with Articles 31-35.

1 Separate forfeiture proceedings (Art. 376-378) must be carried out in the place where the items or assets to be forfeited are located.

2 If the items or assets to be forfeited are located in two or more cantons and if they are connected to the same offence or offender, the authorities of the place where the forfeiture proceedings were initiated has jurisdiction.

1 The public prosecutors may by mutual agreement establish a place of jurisdiction other than that provided for in Articles 31-37 if this is justified by the focus of the criminal activity, the personal circumstances of the accused or other just cause.

2 In order to safeguard the procedural rights of a party, after charges have been filed, the cantonal objections authority may on application from that party or ex officio transfer the adjudication to another court of first instance in the same canton with material jurisdiction in derogation from the rules on place of jurisdiction in this Chapter.

1 The criminal justice authorities shall verify their jurisdiction ex officio and if necessary transfer the case to the competent authority.

2 Where two or more criminal justice authorities have local jurisdiction, the public prosecutors concerned shall notify each other immediately of the essential elements of the case and endeavour to reach agreement as soon as possible.

1 In the event of a dispute over jurisdiction between criminal justice authorities in the same canton, the Office of the Chief Cantonal Prosecutor or Cantonal Attorney General shall make the final decision or, if there is no such office, the cantonal objections authority.

2 In the event of a dispute over jurisdiction between criminal justice authorities in different cantons, the public prosecutor of the canton that was first to deal with the matter shall submit the issue immediately, and in every case before bringing charges, to the Federal Criminal Court for decision.

3 The authority competent to decide on the place of jurisdiction may specify a place of jurisdiction other than that provided for in Articles 31-37 if this is required due to the focus of the criminal activity or the personal circumstances of the accused or if there is other just cause.

1 If a party wishes to contest the jurisdiction of the authority conducting the criminal proceedings, he or she must immediately request the authority to transfer the case to the competent criminal justice authority.

2 The parties may file an objection within 10 days with the authority responsible for the decision on the place of jurisdiction in terms of Article 40 against the decision on the place of jurisdiction (Art. 39 para. 2) made by the public prosecutors concerned. If the public prosecutors have agreed on an alternative place of jurisdiction (Art. 38 para. 1), only the party whose request under paragraph 1 is rejected has the right to file an objection.

1 Until a binding decision is made on the place of jurisdiction, the first authority to deal with the case shall carry out any measures that cannot be delayed. If necessary the authority responsible for the decision on the place of jurisdiction shall designate the authority that must provisionally deal with the matter.

2 Persons who have been arrested shall only be transferred to the authorities of other cantons when a binding decision on jurisdiction has been made.

3 A place of jurisdiction established in accordance with Articles 38-41 may be changed only if good cause has subsequently arisen before charges have been brought.

1 The provisions this Chapter regulate mutual assistance in criminal matters provided by federal and cantonal authorities to public prosecutors, authorities responsible for prosecuting contraventions and federal and cantonal courts.

2 In relation to the police, these provisions apply to the extent that the police are acting on instructions from public prosecutors, authorities responsible for prosecuting contraventions and courts.

3 Direct mutual assistance between police authorities at federal and cantonal levels and between two or more cantonal police authorities is permitted provided it does not relate to compulsory measures that fall within the exclusive competence of the public prosecutor or the court.

4 Mutual assistance is deemed to be any measure requested by an authority within the scope of their competence in ongoing criminal proceedings.

1 The cantons shall, to the extent that it is required and possible, provide the criminal justice authorities of the Confederation and other cantons with rooms in which to carry out their official duties and for the accommodation of persons detained pending the main hearing.

2 At the request of the federal criminal justice authorities, the cantons shall take the measures required to guarantee the security of the official duties of these authorities.

2 Requests for mutual assistance may be filed in the language of the requesting or the requested authority.

3 If there is any uncertainty as to which authority has jurisdiction, the requesting authority shall file the request for mutual assistance with the highest public prosecutor of the requested Canton or of the Confederation. This service shall pass the request on to the relevant office.

1 Details of the competent local Swiss justice authority for mutual assistance requests may be obtained from the following website: www.elorge.admin.ch

1 The federal and cantonal public prosecutors and courts may request the criminal justice authorities of other cantons or of the Confederation to carry out procedural acts. The requested authority shall not examine whether the requested procedural acts are admissible or equitable.

2 The authorities of the requesting Canton or of the Confederation have jurisdiction to hear appeals against mutual assistance measures. Only the implementation of the mutual assistance measures may be contested before the authorities of the requested Canton or of the Confederation.

1 Federal and cantonal public prosecutors, authorities responsible for prosecuting contraventions and courts are entitled to order and carry out any of the procedural acts specified in this Code directly in another canton.

2 Prior notice shall be given to the public prosecutor of the canton in which the procedural act is to be carried out. In cases of urgency, subsequent notice is possible. No notice is required for obtaining information and for requesting the handover of files.

3 The costs of the procedural acts and any related obligations to pay damages shall be borne by the Confederation or the canton carrying out the act; it may charge the costs to the parties in accordance with Articles 426 and 427.

If the requesting authority requires the support of the police in order to carry out a procedural act, it shall make the relevant request to the public prosecutor of the requested Canton, which shall issue the necessary instructions to the local police.

The provision of international mutual assistance and the mutual assistance proceedings are governed by this Code only to the extent that other federal acts and international agreements make no provision therefor.

1 If a party requests that a person acting for a criminal justice authority be recuse him- or herself, the party must submit the relevant application to the director of proceedings as soon as he or she becomes aware of the grounds for recusal; the circumstances justifying recusal must be credibly substantiated.

1 If grounds for recusal in terms of Article 56 letter a or f are claimed or if a person acting for a criminal justice authority opposes a party application for recusal based on Article 56 letters b-e, the following authorities shall issue a final decision without taking additional evidence:

a.

the public prosecutor if matter relates to the police;

b.

the objections authority if the matter relates to the public prosecutor, the authorities responsible for prosecuting contraventions or the courts of first instance;

c.

the court of appeal if the matter relates to the objections authority or individual members of the court of appeal;

d.

the Federal Criminal Court if the matter relates to the entire court of appeal.

2 The decision shall be issued in writing and with a statement of reasons.

3 Until the decision is issued, the person concerned shall continue to exercise his office.

4 If the application is approved, the procedural costs are borne by the Confederation or the canton. If it is rejected or was clearly submitted too late or vexatious, the costs are borne by the applicant.

1 The director of proceedings shall ensure security, quiet and order during the hearings.

2 The director of proceedings may warn any person who disrupts the hearings or breaches the rules of respectable behaviour. In the event of any repetition, he or she may deny them the right to speak, order them to leave the court and if necessary have them held in police custody until the conclusion of the hearing. He or she may order that the court be cleared.

3 The director of proceedings may request the assistance of the police at the place where the proceedings are being held.

4 If a party is excluded from the court, the proceedings shall nevertheless be continued.

1 The director of proceedings may order a person who disrupts the hearings, breaches the rules of respectable behaviour or disregards procedural orders to pay a fixed penalty fine of up to 1000 francs.

2 Fixed penalty fines imposed by the public prosecutor and the courts of first instance may be challenged before the objections authority within 10 days. Its decision is final.

1 Where a party to the proceedings does not understand the language of the proceedings or is unable to express him- or herself adequately, the director of proceedings shall appoint an interpreter. In minor or urgent cases, the director of proceedings may, if the person concerned consents, dispense with appointing an interpreter provided the director of proceedings and the clerk of court have an adequate command of the foreign language concerned.

2 Even if he or she has a defence lawyer, the accused shall be notified in a language that he or she understands, either orally or in writing, of at least the essential content of the most important procedural acts. There is no right to have all procedural acts and files translated in full.

3 Files that are not submissions made by parties shall, if required, be translated in writing or orally translated for the record of proceedings.

4 A person of the same sex must be appointed to translate questions to be put to the victim of a sexual offence where the victim so requests and it is possible without causing an unreasonable delay to the proceedings.

1 Proceedings before the court of first instance and the court of appeal, together with the oral passing of judgments and decrees of these courts shall, with the exception of the judges' deliberations, be conducted in public.

2 If the parties to such cases have waived their right to the public passing of judgment, or if a summary penalty order is issued, interested persons may inspect the judgments and summary penalty orders.

1 Members of criminal justice authorities, their employees and experts appointed by criminal justice authorities shall treat as confidential information that comes to their knowledge in the exercise of their official duties.

2 The director of proceedings may require private claimants and other persons involved in the proceedings and their legal agents, under caution as to Article 292 SCC1, to maintain confidentiality with regard to the proceedings and the persons concerned if the object of the proceedings or a private interest so requires. A time limit must be placed on this obligation.

1 Where an accused is serving a sentence or subject to a criminal measure, the criminal justice authorities shall inform the authorities responsible for the execution of sentences or measures of any new criminal proceedings and any decisions issued.

2 The criminal justice authorities shall inform the social services and guardianship authorities1 of any criminal proceedings that have been initiated and of any decisions in criminal proceedings if this is required for the protection of an accused or a person suffering harm or his or her next-of-kin.

3 If they establish in the prosecution of offences in which minors2 are involved that further measures are required, they shall inform the guardianship authorities3 immediately.

3bis The director of proceedings shall notify the Armed Forces Joint Staff of pending criminal proceedings against members of the armed forces or potential conscripts if there are serious indications or other evidence that the person concerned could use a firearm to harm themselves or other persons.4

4 The Confederation and the cantons may require or authorise the criminal justice authorities to make further communications to authorities.

1 Since the commencement of the Federal Act of 19 Dec. 2008 (Adult Protection, Law on Persons and Children; AS 2011 725) on 1 Jan. 2013: Child Protection Authorities.2 Footnote not relevant to English version.3 Since the commencement of the Federal Act of 19 Dec. 2008 (Adult Protection, Law on Persons and Children; AS 2011 725) on 1 Jan. 2013: Child Protection Authorities.4 Inserted by No I 2 of the Federal Act of 25 Sept. 2015 on Improvements in the Exchange of Information between Authorities in relation to Weapons, in force since 1 July 2016 (AS 2016 1831; BBl 2014 303).

1 The statements of the parties, the oral decisions of the authorities and any other procedural acts that are not carried out in writing shall be recorded.

2 The clerk of court, the director of proceedings and, where applicable, the interpreter or translator shall confirm the accuracy of the record.

3 The director of proceedings is responsible for ensuring that procedural acts are completely and correctly recorded.

4 He or she may order that an audio or video recording of all or part of a procedural act be made, in addition to its being recorded in writing. He or she shall give those present advance notice of such a recording.

4 The director of proceedings may permit the person examined to dictate his or her own statements.

5 On conclusion of the examination hearing, the record shall be read out to the person examined or given to him or her to read. Once aware of its content, the person examined must sign the record and initial each page. If he or she refuses to read or sign the record, the refusal and reasons given for doing so shall be noted in the record.

5bis If the examination in the main hearing is recorded using technical aids, the court may dispense with reading the transcript back to the person examined and or giving that person the transcript to read and sign. The recordings are placed in the case files.1

6 In the case of hearings by means of video conference, the person examined shall make an oral declaration that he or she understands the content of the record instead of signing and initialling the same. The declaration shall be noted in the record.

7 If records written by hand are not easily legible or if the statements have been recorded in shorthand, a legible copy shall be prepared immediately. Notes shall be preserved until the conclusion of the proceedings.2

1 Inserted by No I 2 of the Federal Act of 28 Sept. 2012 (Transcription Regulations), in force since 1 May 2013 (AS 2013 851; BBl 2012 5707 5719).2 Amended by No I 2 of the Federal Act of 28 Sept. 2012 (Transcription Regulations), in force since 1 May 2013 (AS 2013 851; BBl 2012 5707 5719).

1 Obvious errors shall be corrected by the director of proceedings and the clerk of court; the director of proceedings shall thereafter notify the parties of the corrections.

2 The director of proceedings shall decide on requests to have the records corrected.

3 Corrections, alterations, deletions and additions shall be certified by the clerk of court and the director of proceedings. Any alterations to the content shall be made in such a manner that the original record remains recognisable.

1 Decisions that determine substantive criminal or civil issues are issued in the form of a judgment. Other decisions, if made by a judicial authority comprising two or more members, are issued in the form of a decree, or if they are made by a single person, in the form of a ruling. The provisions on summary penalty order procedures are reserved.

2 Decisions are issued in writing and contain a statement of the grounds. They are signed by the director of proceedings and the clerk of court and are served on the parties.

3 Simple procedural decrees and rulings do not require to be issued in any specific form or to contain a statement of grounds; they are noted in the case records and notified to the parties in a suitable manner.

in the case of judgments: an appraisal of the factual and legal issues relating to the conduct incriminating the accused, and an explanation of why any sanctions, incidental legal orders and costs or damages were imposed;

b.

in the case of other decisions concluding proceedings: the reasons for concluding the proceedings.

1 The court of first instance shall dispense with a written statement of the grounds if it:

a.

states the grounds for the judgment orally; and

b.

it does not impose a custodial sentence of more than two years, indefinite incarceration under Article 64 SCC1, treatment in terms of Article 59 paragraph 3 SCC or, in the case of suspended sanctions to be revoked simultaneously, a deprivation of liberty of more than two years.

2 The court shall provide the parties retrospectively with a written judgment stating the grounds if:

a.

a party requests the same within 10 days of service of the conclusions;

b.

a party files an appeal.

3 If it is only the private claimant who requests a written judgment stating the grounds or who appeals, the court shall provide a statement of grounds only to the extent that this relates to the criminal conduct to the prejudice of the private claimant and to his or her civil claims.

4 In the appellate proceedings, the court may refer to the grounds stated by the lower court in its appraisal of the factual and the legal issues in the case.

1 If the conclusions to the decision are unclear, contradictory or incomplete, or if they are inconsistent with the grounds, the criminal justice authority that made the decision shall explain or correct the decision on the application of a party or on its own initiative.

2 The application must be submitted in writing, indicating the matters that are contested or the amendment that are requested.

3 The criminal justice authority shall allow the other parties the opportunity to comment on the application.

4 Notice of the explanation for or corrections to the decision shall be given to the parties.

1 If the proceedings are public, the court shall give notice of the judgment orally on conclusion of its deliberations and state the grounds in brief.

2 The court shall provide the parties with a written copy of the conclusions at the end of the main hearing or serve it on the parties within 5 days.

3 If the court is unable to issue the judgment immediately, it shall do so as soon as possible and give notice of the judgment in rearranged main hearing. If in such an event the parties waive their right to have the judgment issued publicly, the court shall serve the conclusions of the judgment on them immediately after it has been reached.

4 If the court has to state grounds for the judgment, it shall serve the judgment with a full statement of grounds on the accused and the public prosecutor within 60 days, or by way of exception 90 days. The other parties shall be served only with those parts of the judgment in which their applications are mentioned.

5 The criminal justice authority shall give notice of simple procedural decrees or rulings to the parties in writing or orally.

6 Notice of decisions shall be given to other authorities in accordance with federal and cantonal law, notice of appeal decisions shall also be given to the lower court, and notice of legally binding decisions shall if necessary be given to the authorities responsible for the execution of sentences and measures and to the authorities responsible for the register of convictions.

2 Service shall be effected by registered mail or in any other way provided confirmation of receipt is obtained, and in particular by personal service by the police

3 It is effected if the delivery is accepted by addressee or by an employee thereof or a person living in the same household who is at least 16 years old, unless the law enforcement authority has instructed that delivery be made to the addressee in person.

1 Communications must be served on addressees at their domicile, their habitual place of residence or their registered office.

2 Parties and legal agents whose domicile, habitual place of residence or registered office is abroad must provide an address for service in Switzerland; provisions of international agreements under which communications may be served directly are reserved.

3 Communications address to parties who have appointed a legal agent are validly served if sent to the agent.

4 Where a party is required to appear personally at a hearing or must personally carry out a procedural act, the related communication shall be served directly on that party. A copy shall be sent to the legal agent.

1 Time limits that are triggered by a communication or the occurrence of an event begin to run from the following day.

2 If the time limit is due to expire on a Saturday, a Sunday or a public holiday recognised under federal or cantonal law, it shall expire on the next working day. The matter shall be determined by the law of the canton in which the party or his or her legal agent is resident or has its registered office.1

1 The time limit is complied with if the procedural act is carried out to the satisfaction of the competent authority on the day of expiry at the latest.

2 Submissions must be delivered on the day of expiry of the time limit at the latest to the criminal justice authority or handed for delivery to SwissPost, a Swiss diplomatic or consular representation or, in the case of persons in custody, the governor of the institution.

3 In the case of electronic transmission, the time limit is complied with if receipt by the criminal justice authority is confirmed by its informatics system on the day of expiry at the latest.

4 The time limit is also deemed to be complied with if the submission is received by a Swiss authority not competent in the matter on the day of expiry at the latest. This authority shall pass the submission on immediately to the competent criminal justice authority.

5 The time limit for making a payment to a criminal justice authority is complied with if the amount due is handed to SwissPost or is debited from a postal or bank account in Switzerland in favour of the criminal justice authority on the day of expiry at the latest.

1 Where a party has failed to comply with a time limit and has thus incurred a significant and irremediable loss of rights, he or she may request that a new time limit be fixed; in doing so he or she must credibly show that he or she was not at fault for the failure to comply with the time limit.

2 The application must be made in writing with a statement of reasons and submitted within 30 days of the reason for default ceasing to apply to the authority before which the relevant procedural act should have been carried out. The relevant procedural act must be carried out within the same time limit.

3 The application only has suspensive effect if the competent authority grants the same.

4 The criminal justice authority shall decide on the application in written proceedings.

5 Paragraphs 1-4 apply mutatis mutandis in the event of failure to attend a hearing. If a new hearing is granted, the director of proceedings shall fix a new date. The provisions on proceedings in absentia are reserved.

1 Personal data must be obtained from the person concerned or with that person's knowledge unless the proceedings would be otherwise be prejudiced or unreasonable inconvenience or expense would be incurred.

2 If personal data is obtained without the knowledge of the person concerned, that person must be notified thereof immediately. Where overriding public or private interests so require, notification may be dispensed with or postponed.

As long as proceedings are pending, the parties and the other participants in the proceedings have, in accordance with their right to inspect case documents, the right to information on personal data relating to them that has been processed.

1 After conclusion of the proceedings, the processing of personal data, procedures and legal protection are governed by the provisions of federal and cantonal data protection law.

2 The period of retention of personal data after conclusion of proceedings is governed by Article 103.

3 The provisions of the Federal Act of 7 October 19941 on the Central Offices of the Federal Criminal Police, the Federal Act of 13 June 20082 on the Federal Police Information Systems and the provisions of this Code on identifying documents and DNA profiles are reserved.3

1 SR 3602 SR 3613 Amended by Annex 2 No I 1 let. a of the Federal Act of 13 June 2008 on the Federal Police Information Systems, in force since 1 Jan. 2011 (AS 2008 4989; BBl 2006 5061).

1 The parties may inspect the documents relating to the criminal proceedings at the latest following the first interview with the accused and the gathering of the other most important evidence by the public prosecutor; Article 108 is reserved.

2 Other authorities may inspect the case documents if they need to do so for the purposes of pending civil, criminal or administrative proceedings and inspection is not contrary to any overriding public or private interests.

3 Third parties may inspect the case documents if they claim to have an academic or other legitimate interest in doing so and inspection is not contrary to any overriding public or private interests.

1 The director of proceedings decides on whether case documents may be inspected. He or she shall take the measures required to prevent abuses and delays and to protect legitimate interests in confidentiality.

2 The case documents must be inspected at the offices of the relevant criminal justice authority or those of another criminal justice authority in mutual assistance proceedings. Normally they shall be delivered to other authorities or the legal agents for the parties.

3 Any person who is entitled to inspect case documents may request copies thereof for a fee.

1 The case documents must be preserved at least until conclusion of the time limits for prosecution and for the execution of the sentence have expired.

2 The foregoing paragraph does not apply to original documents included in the case file; they must be returned to the persons entitled thereto against written acknowledgement of receipt as soon as the criminal case has been decided by a final judgment.

1 The criminal justice authorities may restrict the right to be heard if:

a.

there is justified suspicion that a party is abusing his or her rights;

b.

this is required for the safety of persons or to safeguard public or private interests in preserving confidentiality.

2 Restrictions in relation to legal agents are only permitted if the legal agent gives personal cause for imposing a restriction.

3 Restrictions must be limited in time or to individual procedural acts.

4 If the reason for imposing the restriction continues to apply, the criminal justice authorities may base their decisions on files that have not been disclosed to a party only if that party has been informed of the essential content thereof.

5 If the reason for the restriction has ceased to apply, the right to be heard must be granted in a suitable form retrospectively.

1 Submissions may be made in writing or orally on record. Written submissions must be dated and signed.

2 If transmitted electronically, the submission must be provided with a recognised electronic signature. The Federal Council shall determine the format for transmission. The criminal justice authority may request that a paper copy of the submission be filed subsequently.

3 Procedural acts are not otherwise subject to any formal requirements unless this Code provides otherwise.

4 The director of proceedings may reject illegible, incomprehensible, improper or incoherent submissions; they shall fix a deadline for the revision of the submission and give notice that the submission if not revised, will not be considered.

1 For the purposes of this Code, the accused is a person suspected, accused of or charged with an offence in a report of a criminal offence, a criminal complaint or in a procedural act carried out by a criminal justice authority.

2 The rights and the obligations of an accused also apply to persons in respect of whom it is intended to bring new proceedings following abandonment or a judgment in accordance with Article 323 or Articles 410-415.

1 In criminal proceedings against a corporate undertaking, the undertaking shall be represented by a single person who has unlimited authority to represent the undertaking in private law matters.

2 If the undertaking fails to appoint such a representative within a reasonable time, the director of proceedings shall decide which of the persons authorised to represent the undertaking in private law matters will represent the undertaking in the criminal proceedings.

3 If a criminal investigation is opened against the person representing the undertaking in the criminal proceedings in respect of the same or related circumstances, the undertaking must appoint another representative. If necessary, the director of proceedings shall appoint another person to represent the undertaking in accordance with paragraph 2, or if no one is available, a suitable third party.

4 If proceedings are brought against a natural person and an undertaking in respect of the same or related circumstances, the two proceedings may be combined.

1 The accused may not be compelled to incriminate him or herself. In particular, the accused is entitled to refuse to make a statement or to cooperate in the criminal proceedings. He or she must however submit to the compulsory measures provided for by the law.

2 The proceedings continue irrespective of whether the accused cooperates.

1 An accused is fit to plead if he or she is physically or mentally capable of understanding the proceedings.

2 In the event of temporary unfitness to plead, procedural acts that cannot be delayed shall be carried out in the presence of the defence.

3 If the accused remains unfit to plead, the criminal proceedings shall be suspended or abandoned. The special provisions on proceedings against an accused who is not legally responsible due to a mental disorder are reserved.

1 If the person suffering harm dies without waiving his or her procedural rights as a private claimant, such rights pass to his or her relatives as defined in Article 110 paragraph 1 SCC1 in accordance with their ranking under the law of succession.

2 Any person who by law acquires the rights as a claimant of a person suffering harm does so only in respect of the civil claim and has only those procedural rights that relate directly to the assertion of the civil claim.

the criminal proceedings are abandoned or concluded by means of the summary penalty order procedure;

b.

the private claimant has failed to justify or quantify the claim sufficiently;

c.

the private claimant has failed to lodge security in respect of the claim;

d.

the accused has been acquitted but the court is not in a position to make a decision.

3 If a full assessment of the civil claim would cause unreasonable expense and inconvenience, the court may make a decision in principle on the civil claim and refer it for civil proceedings. If possible, the court shall rule on minor claims itself.

4 In cases involving the victim, the court may firstly decide solely on guilt and the penalty; thereafter the director of proceedings shall, following a further hearing of the parties, rule as a judge sitting alone on the civil claim, irrespective of its amount.

1 The accused, the private claimant and the other persons involved in the proceedings may appoint a legal agent to safeguard their interests.

2 The parties may appoint two or more persons as legal agent provided this does not unreasonably delay the proceedings. In such a case, they must designate one agent as the principal agent, who is authorised to carry out acts of representation before the criminal justice authorities and whose domicile is deemed to be the sole address for service.

3 The legal agent may act for two or more persons involved in the proceedings, subject to the restrictions laid down by law and in their professional code of practice.

4 The parties may appoint any person who has the capacity to act, is of unblemished reputation and is trustworthy; the restrictions of the law governing the legal profession are reserved.

5 The defence of the accused is reserved to lawyers who are authorised under the Lawyers Act of 23 June 20001 to represent parties in court; the foregoing is subject to derogating cantonal provisions on the defence in proceedings relating to contraventions.

1 The accused is entitled, in any criminal proceedings and at any stage of the proceedings either to instruct a legal agent as defined in Article 127 paragraph 5 to conduct his or her defence (right to choose a defence lawyer) or, subject to Article 130, to conduct his or her own defence.

2 The accused exercises his or her right to choose a defence lawyer by executing a written power of attorney or making a declaration on record.

the offence concerned carries a custodial sentence of more than a year or a custodial measure or may result in expulsion from Switzerland;

c.

the accused is unable to safeguard his or her interests in the proceedings adequately due to his or her physical or mental condition or for other reasons, and his or her statutory representative is unable to do so either;

d.

the prosecuting lawyer is appearing in person before the court of first instance or the court of appeal;

1 Where the mandatory appointment of a defence lawyer is required, the director of proceedings shall ensure that a defence lawyer is appointed immediately.

2 If the requirements for the mandatory appointment of a defence lawyer are fulfilled on commencement of the preliminary proceedings, the defence lawyer must be appointed following the first interview by the public prosecutor, or before opening the investigation at the latest.

3 In cases where the appointment of a mandatory defence lawyer is clearly required but evidence is obtained before a defence lawyer is appointed, the evidence obtained is only admissible if the accused waives the right to have the evidence taken again.

the accused, despite being requested to do so by the director of proceedings, fails to appoint a defence lawyer of choice, or

2.

the defence lawyer of choice has been dismissed or has resigned and the accused fails to appoint a new defence lawyer of choice within the time limit set;

b.

the accused lacks the necessary financial means and requires a defence lawyer to safeguard of his or her interests.

2 A defence lawyer is required to safeguard the interests of the accused in particular if the matter is not a minor case and the case involves factual or legal issues that the accused is not qualified to deal with alone.

3 A case is no longer regarded as minor if it is probable that a custodial sentence of more than 4 months, a monetary penalty of more than 120 daily penalty units or community service of more than 480 hours will be imposed on conviction.

1 If there is no longer any reason to have a duty defence lawyer, the director of proceedings shall dismiss the lawyer.

2 If the mutual trust between the accused and his or her duty defence lawyer is seriously compromised or the provision of an effective defence is no longer guaranteed for other reasons, the director of proceedings shall appoint another person as the duty defence lawyer.

1 The legal representative's fees are governed by Article 135 mutatis mutandis; the final judgment on who must pay the costs of the legal representative and of any procedural acts in respect of which relief has been granted from making an advance payment to cover costs remains reserved.

2 If the private claimant is awarded procedural and legal costs to be paid by the accused, the portion of these costs covered by legal aid must be refunded to the Confederation or to the canton.

1 Evidence obtained in violation of Article 140 is not admissible under any circumstances. The foregoing also applies where this Code declares evidence to be inadmissible.

2 Evidence that criminal justice authorities have obtained by criminal methods or by violating regulations on admissibility is inadmissible unless it is essential that it be admitted in order to secure a conviction for a serious offence.

3 Evidence that has been obtained in violation of administrative regulations is admissible.

4 Where evidence that is inadmissible under paragraph 2 has made it possible to obtain additional evidence, such evidence is not admissible if it would have been impossible to obtain had the previous evidence not been obtained.

5 Records relating to inadmissible evidence shall be removed from the case documents, held in safekeeping until a final judgment has concluded the proceedings, and then destroyed.

1 Examination hearings are conducted by the public prosecutor, the authorities responsible for prosecuting contraventions and the courts. The Confederation and the cantons shall decide on the extent to which the employees of these authorities are permitted to conduct examination hearings.

2 The police may question accused persons and persons providing information. The Confederation and the cantons may determine which police officers may question witnesses on behalf of the public prosecutor.

1 At the start of the examination hearing, the person being questioned shall, in a language they can understand:

a.

be asked for his or her personal details;

b.

be advised of the subject matter of the criminal proceedings and of the capacity in which he or she is being interviewed;

c.

be informed in full of his or her rights and obligations.

2 A note must be made in the record that the provisions of paragraph 1 have been complied with.

3 The criminal justice authority may make further enquiries in relation to the identity of the person being questioned.

4 It shall invite the person being questioned to comment on the subject matter of the examination hearing.

5 It shall endeavour by means of clearly formulated questions and contentions to obtain comprehensive statements and to clarify any contradictions.

6 The person being questioned shall make his or her statement on the basis of his or her recollections. He or she may make use of written documents with the consent of the director of proceedings; these documents shall be added to the case documents on conclusion of the examination hearing.

7 Persons with speech or hearing difficulties shall be questioned in writing or with the assistance of a suitably qualified person.

1 The public prosecutor and the courts may conduct an examination hearing by video conference if a personal appearance by the person being questioned is not possible or is only possible with unreasonable trouble and expense.

2 An audio and video recording shall be made of the examination hearing.

2 The criminal justice authorities may arrange for persons, including those who have the right to refuse to give evidence, to confront each other. The special rights of the victim are reserved.

3 They may require persons who have been questioned who will probably be required to confront other persons after the conclusion of the examination hearing to remain at the place of the proceedings until the confrontation hearing is held.

4 The director of proceedings may temporarily exclude a person from the hearing if:

a.

there is a conflict of interest; or

b.

the person must still be questioned in the proceedings as a witness, a person providing information or as an expert witness.

1 Parties have the right to be present when the public prosecutor and the courts are taking evidence and to put questions to persons who have been questioned. The presence of the defence lawyer at examination hearings conducted by the police is governed by Article 159.

2 Persons exercising a right to participate do not have the right to request that the taking of evidence be postponed.

3 A party or his or her legal agent may request that evidence be taken again if the legal agent or the party without a legal agent is prevented from participating for good cause. Evidence need not be taken again if it would involve unreasonable trouble and expense and the right of the party to be heard, and in particular the right to ask questions, can be taken into account in another way.

4 Evidence obtained in violation of this Article is inadmissible against a party who was not present when it was taken.

1 If there are grounds to assume that a witness, a person providing information, an accused person, an expert witness or a translator or interpreter, or a person related to him or her in terms of Article 168 paragraphs 1-3 could be exposed to a serious danger to life and limb or any other serious prejudice by participating in the proceedings, the director of proceedings shall take the appropriate protective measures in response to an application or ex officio.

2 The director of proceedings may also suitably restrict the procedural rights of the parties, in particular by:

a.

ensuring anonymity;

b.

conducting examination hearings while excluding parties or the public;

c.

establishing personal details while excluding parties or the public;

d.

modifying the appearance or voice of the person requiring protection or screening the person from the court;

e.

limiting rights to inspect case documents.

3 The director of proceedings may permit the person requiring protection to be accompanied by a legal agent or a confidant.

4 If a person under the age of 18 is interviewed as a witness or person providing information, the director of proceedings may order further protective measures in accordance with Article 154 paragraphs 2 and 4.

5 The director of proceedings shall ensure in the case of all protective measures that the right of the parties to be heard is respected and in particular that the accused's rights to a proper defence are respected.

6 If the person requiring protection has been assured that his or her anonymity will be preserved, the director of proceedings shall take appropriate measures to prevent any confusion or mistaken identity.

1 The director of proceedings may give an assurance to the person requiring protection that his or her anonymity will be preserved.

2 The public prosecutor shall submit its assurance to the compulsory measures court within 30 days for approval; in doing so, it must specify all the details required to assess the legality of the measure. The decision of the compulsory measures court is final.

3 If the compulsory measures court declines to approve the measure, any evidence already obtained subject to the assurance of anonymity shall be inadmissible.

4 An assurance of anonymity that has been approved or granted is binding on all criminal justice authorities involved in the case.

5 The person requiring protection may waive the requirement of anonymity at any time.

6 The public prosecutor and the director of proceedings in the court shall revoke the assurance if there is clearly no longer a need for protection.

1 The criminal justice authorities shall safeguard the personal privacy of the victim at every stage of the proceedings.

2 The victim may be accompanied at all procedural hearings by a confidant in addition to his or her legal agent.

3 The criminal justice authorities shall ensure that the victim does not encounter the accused if the victim so requests. In such a case, they shall take account of the accused's right to be heard in some other way. In particular, they may question the victim while applying protective measures in accordance with Article 149 paragraph 2 letters b and d.

1 A victim is a child within the meaning of this Article if he or she is under 18 years of age at the time of the examination hearing or confrontation hearing.

2 The first examination hearing with the child must take place as quickly as possible.

3 The authority may exclude the confidant from the proceedings if this person could exert a decisive influence on the child.

4 If it is evident that the examination hearing or the confrontation hearing could be a serious psychological burden for the child, the following rules apply:

a.

A confrontation hearing with the accused may be ordered only if the child expressly requests the confrontation hearing or the accused's right to be heard cannot be guaranteed in any other way.

b.

The child may not normally be interviewed more than twice during the entire proceedings.

c.

A second interview shall take place only if parties were unable to exercise their rights at the first interview or the examination hearing is essential in the interests of the enquiries or of the child. If possible, the child should be questioned by the same person who conducted the first interview.

d.

Examination hearings shall be conducted in the presence of a specialist by an investigating officer specifically trained for this purpose. Unless a confrontation hearing is held, audio and video recordings shall be made of the examination hearing.

e.

The parties shall exercise their rights through the person asking the questions.

f.

The person asking the questions and the specialist shall record their special observations in a report.

2 The director of proceedings may arrange for specialist criminal or social services authorities to conduct the examination hearing or request that family members, other confidants or expert witnesses attend the examination hearing.

If the accused has admitted committing the offence, the public prosecutor and court shall assess the credibility of the admission and request the accused to provide more precise details of the circumstances of the offence.

The public prosecutor shall question the accused with regard to his or her personal circumstances only if it is expected that the accused will be charged or issued with a summary penalty order or if it is essential for other reasons.

1 Enquiries may be made into the previous conduct and the personal circumstances of a witness only if this is relevant to an assessment of his or her credibility.

2 If there are doubts as to the mental capacity of a witness or if there are indications of a mental disorder, the director of proceedings may order an outpatient examination of the witness if this is justified by the importance of the criminal proceedings and of the witnesses testimony.

1 The authority conducting the examination hearing may require a witness subject to advising him or her of the penalties under Article 292 SCC1 to treat the planned or completed interview and its subject matter as confidential.

the criminal act was directed at a person to whom the witness in accordance with paragraphs 1-3 is related.

1 Since commencement of the Federal Act of 19 Dec. 2008 (Adult Protection, Law of Persons and Children; AS 2011 725) am 1. Jan. 2013: as guardian or deputy.2 Art. 4-11 of the Ordinance of 19 Oct. 1977 on the Placement of Children in Foster Care and for Adoption (SR 211.222.338).3 Amended by No III of the Federal Act of 30 Sept. 2011, in force since 1 July 2012 (AS 2012 2575; BBl 2010 5651 5677).4 SR 311.0

1 A person may the refuse to testify if he or she would incriminate him or herself by testifying such that he or she:

a.

could be found guilty of an offence;

b.

could be held liable under the civil law and the interest in protection outweighs the interest in prosecution.

2 The right to refuse to testify also applies if the person by testifying would incriminate a closely related person as defined in Article 168 paragraphs 1-3; Article 168 paragraph 4 remains reserved.

3 A person may refuse to testify if by testifying he or she or a closely related person as defined in Article 168 paragraphs 1-3 would be exposed to a considerable risk to life and limb or other serious detriment that cannot be prevented by taking protective measures.

4 A victim of a sexual offence may in every case refuse to answer questions that relate to his or her private domain.

1 Public officials as defined in Article 110 paragraph 3 SCC1 as well as members of authorities may refuse to testify on secret matters communicated to them in their official capacity or which have come to their knowledge in the exercise of their office.

2 They must testify if they have been given written authorisation to do so by their superior.

3 The superior shall grant authorisation to testify if the interest in establishing the truth outweighs the interest in preserving secrecy.

1 Members of the clergy, lawyers, defence lawyers, notaries, patent attorneys, doctors, dentists, pharmacists, midwives, psychologists and assistants to such persons may refuse to testify in relation to confidential matters that have been confided to them or come to their knowledge in the course of their professional work.1

are relieved of their duty of confidentiality in terms of Article 321 number 2 SCC2 by the person to whom the confidential information pertains or through the written consent of the competent authority.

3 The criminal justice authority shall also respect professional confidentiality in cases where the person entrusted with confidential information is relieved of the duty of confidentiality but he or she establishes that the interest of the person to whom the confidential information pertains outweighs the interest in establishing the truth.

1 Persons involved professionally in the publication of information in the editorial section of a medium that appears periodically, together with their auxiliary personnel may refuse to testify as to the identity of the author or as to the content and sources of their information.

1 Any person who is required to preserve professional confidentiality in accordance with any of the following provisions must testify only if the interest in establishing the truth outweighs the interest in preserving confidentiality:

2 Persons entrusted with other confidential information protected by law are required to testify. The director of proceedings may relieve them of the duty to testify if they are able to establish that the interest in preserving confidentiality outweighs the interest in establishing the truth.

1 The witness may invoke his or her right to refuse to testify at any time or revoke his or her waiver of that right.

2 Statements made by a witness after being cautioned with regard to the right to refuse to testify may be admitted as evidence if the witness subsequently exercises the right to refuse to testify or revokes a waiver of the right to refuse to testify.

1 Any person who refuses to testify without having the right to do so may be liable to a fixed penalty fine and may be required to pay the costs and damages incurred as a result of such refusal.

2 If a person who is obliged to testify insists on refusing to do so, he or she will again be requested to testify and cautioned as to the penalties under Article 292 SCC1. In the event of continued refusal, criminal proceedings shall be commenced.

1 The authority conducting the examination hearing shall caution the witness at the beginning of each hearing with regard to the obligations to testify and to tell the truth and advise the witness of the penalties for perjury in terms of Article 307 SCC1. If no caution is given, the examination hearing is invalid.

2 The authority conducting the examination hearing shall question each witness at the beginning of the first hearing as to his or her relationship with the parties and as to other circumstances that may be relevant to the witness's credibility.

3 It shall caution the witness as to the rights to refuse to testify as soon as it becomes apparent through questioning or the files that such rights apply. If no caution is given and the witness subsequently exercises the right to refuse to testify, the examination hearing is inadmissible.

1 Persons providing information in terms of Article 178 letters b-g have the right to remain silent; they are subject to the provisions on examination hearings with the accused, mutatis mutandis.

2 A private claimant (Art. 178 let. a) is obliged to testify before the public prosecutor, before the courts and before the police if they interview the claimant on behalf of the public prosecutor. In addition, the provisions on witnesses apply mutatis mutandis, with exception of Article 176.

1 The criminal justice authorities shall caution persons providing information at the beginning of the examination hearing with regard to their obligation to testify or their right to remain silent or right to refuse to testify.

2 They shall caution persons providing information who are obliged to testify or who declare that they are prepared to testify with regard to the possible penalties for false accusation, of misleading judicial authorities and of assisting offenders.

The public prosecutor and courts shall request the services of one or more expert witnesses if they do not have the specialist knowledge and skills required to determine or assess the facts of the case.

2 The director of proceedings shall provide written instructions; these shall contain:

a.

the personal details of the expert witness;

b.

if applicable, notice that the expert witness may instruct others to assist in preparing the report subject to his or her supervision;

c.

the precisely formulated questions;

d.

the deadline for completing the report;

e.

reference to the duty of confidentiality that applies to the expert witness and any assistants;

f.

a reference to the penalties for perjury by an expert witness in terms of Article 307 SCC1.

3 The director of proceedings shall give the parties prior opportunity to comment on the expert witness and on the questions and to submit their own applications. The director of proceedings may dispense with this requirement in relation to laboratory tests, in particular where they relate to determining the blood-alcohol concentration or the level of purity of substances, proof of the presence of narcotics in the blood or the preparation of a DNA profile.

4 Together with the instructions, they shall provide the expert witness with the documents and items required to prepare the report.

5 They may revoke their instructions at any time and appoint new expert witnesses if this is in the interests of the criminal case.

6 They may request an estimate of the costs before issuing the instructions.

7 If a private claimant requests an expert report, the director of proceedings may make instructing an expert witness dependent on the private claimant making an advance payment to cover costs.

2 The director of proceedings may request the expert witness to attend procedural hearings and authorise the expert to put questions to the person being questioned.

3 If the expert witness is of the view that documents must be added to the case files, he or she shall make the relevant application to the director of proceedings.

4 The expert witness may conduct simple enquiries that are closely connected to his or her assignment and for this purpose may request persons to cooperate. These persons must comply with the instructions. If they refuse, they may be brought before the expert witness by the police.

5 In relation to enquiries by the expert witness, the accused and, to the extent of their right to refuse to testify, persons who have the right to remain silent or to refuse to testify may refuse to cooperate. The expert witness shall caution the persons concerned with regard to such rights at the start of his or her enquiries.

1 The public prosecutor or courts may have an accused admitted to hospital if this is required in order to prepare a medical report.

2 The public prosecutor shall apply to the compulsory measures court for the accused to be admitted to hospital unless the accused is already on remand. The compulsory measures court shall issue a final judgment on the matter in written proceedings.

3 If an in-patient assessment proves necessary during the court proceedings, the court concerned shall issue a final decision on the matter in written proceedings.

4 The time spent in hospital shall be taken into account in the sentence.

5 In addition, the in-patient assessment is governed by mutatis mutandis by the regulations on remand and preventive detention.

1 The expert witness shall prepare an expert report in writing. If additional persons are involved in the preparation of the report, their names and the contribution that they made to the preparation of the report must be specified.

2 The director of proceedings may order the expert report to be given orally or that a written report be explained or added to orally; in such an event, the regulations on witness examination hearings apply.

The director of proceedings shall ex officio or at the request of a party arrange for the expert report to be added to or improved by the same expert witness or shall appoint additional expert witnesses if:

a.

the expert report is incomplete or unclear;

b.

two or more expert witnesses diverge considerably in their conclusions; or

1 The public prosecutor, the courts and, in minor cases, the police shall make an on-site inspection of all items, locations and processes that are important in assessing the circumstances but which are not immediately available as items of evidence.

2 Every person concerned must tolerate the inspection and allow the participants the required access.

3 If it is necessary to enter houses, dwellings or other premises that are not generally accessible, the authorities shall comply with the regulations applicable to the search of premises.

4 A record shall be made of inspections by means of video or audio recordings, plans, drawings or descriptions, or by some other method.

other procedural acts be relocated to the place where the inspection is being carried out;

b.

the inspection is combined with a reconstruction of the criminal act or with a confrontation hearing; in such an event, the accused, the witnesses and the persons providing information are obliged to take part, subject to their right to remain silent.

1 The public prosecutor and the courts shall consult files relating to other proceedings if this is required to prove the circumstances of the case or to assess the guilt of the accused.

2 Administrative and judicial authorities shall make their files available for inspection unless there is an overriding public or private interest in preserving confidentiality.

3 Conflicts between authorities of the same canton shall be decided by the objections authority of the canton concerned, and conflicts between authorities of different cantons or between cantonal and federal authorities shall be decided by the Federal Criminal Court.

1 The criminal justice authorities shall obtain official reports and medical certificates relating to matters that may be of significance in the criminal proceedings.

2 In order to establish the personal circumstances of the accused, the public prosecutor and courts information shall obtain information on the accused's criminal record and reputation and other relevant reports from public offices and members of the public.

Where a compulsory measure must be ordered in writing and need not be kept secret, the persons directly concerned shall be given a copy of the warrant and of any record relating to its execution against confirmation of receipt.

1 If persons who are abroad must be summoned, the public prosecutor or the persons conducting the court proceedings may guarantee their safe conduct.

2 Persons who have been guaranteed safe conduct may not be arrested or made subject to other measures restricting their liberty in Switzerland due to acts or convictions from the period prior to their departure.

3 Safe conduct may be subject to conditions. In this case, the persons concerned must be informed that the right to safe conduct expires if they fail to comply with the conditions thereof.

1 Any person summoned by a criminal justice authority must comply with the summons.

2 Any person who is prevented from complying with a summons must inform the authority issuing the summons immediately; he or she must give reasons for his or her inability to appear and if possible provide documentary evidence thereof.

3 A summons may be revoked if there is good cause. The revocation of the summons takes effect when the person summoned has been informed thereof.

4 Any person who, without an acceptable reason, fails to comply with a summons from a public prosecutor, authority responsible for prosecuting contraventions or a court or who appears late shall be liable to a fixed penalty fine and may also be brought before the authority concerned by the police.

5 The foregoing paragraph does not apply to the provisions on proceedings in absentia.

1 In the course of police enquiries, the police may summon persons for the purposes of questioning, establishing their identity or for other identification procedures without the requirement to comply with special formalities or time limits.

2 Any person who fails to comply with a police summons may be brought before the authority concerned on the basis of a warrant issued by the public prosecutor provided the person summoned has been issued with a written warning that this measure may be taken.

1 An enforced appearance is ordered in the form of a written warrant. In cases of urgency, it may be ordered orally; it must however be confirmed subsequently in writing.

2 The warrant shall contain the same details as a summons and also the express authorisation for the police to use force and to enter buildings, dwellings and other spaces not generally accessible if this is necessary in order to implement the warrant.

1 The police shall make every effort to protect the persons concerned when executing a warrant for an enforced appearance.

2 They shall show the person concerned the warrant for the enforced appearance and bring him or her before the relevant authority immediately or at the time specified for the appearance.

3 The authority shall inform the person concerned immediately and in a language they can understand of the reason for the enforced appearance, carry out the procedural act and release the person immediately thereafter unless the authority is applying for his or her remand or preventive detention.

1 The public prosecutor, authorities responsible for prosecuting contraventions and courts may order the tracing of persons whose whereabouts are unknown and who are required to appear in the proceedings. In cases of urgency, the police may themselves order that a wanted person be traced.

2 A warrant may be issued for an accused person to be arrested and brought before the authorities if there is a strong suspicion that he or she has committed a felony or misdemeanour and there is reason to believe that there are grounds for the person's detention.

3 Unless the public prosecutor, the authority responsible for prosecuting contraventions or the court orders otherwise, the police are responsible for tracing wanted persons.

4 Paragraphs 1 and 3 apply mutatis mutandis to the tracing of property.

1 If a person is arrested, or placed on remand or in preventive detention, the relevant criminal justice authority shall immediately notify:

a.

his or her next-of-kin;

b.

if so requested, his or her employer or the relevant embassy or consulate.

2 No notification shall be given if this is precluded by the purpose of the investigation or the person concerned expressly so requests.

3 Where an arrested person is subject to a compulsory measure involving the deprivation of his or her liberty and a dependant suffers difficulties as a result, the criminal justice authority shall notify the relevant social services authorities.

4 The victim shall be informed of the accused being placed in or released from remand or preventive detention, the ordering of an alternative measure under Article 237 paragraph 2 letter c or g, or if the accused absconds, unless he or she has expressly requested not to be informed.1 Such information may not be provided if it would expose the accused to a serious danger.

3 They may request members of the public to assist them to stop persons.

4 If there are specific indications that an offence is being committed or persons suspected of an offence are located at a specific place, the police may cordon off the location and stop the person located there.

1 The police are obliged to arrest a person and bring that person to the police station if:

a.

they have caught the person in the act of committing a felony or misdemeanour or they have encountered him or her immediately after committing such an offence;

b.

the person is subject to an arrest warrant.

2 They may arrest a person and bring him or her to the police station if, based on enquiries or other reliable information, the person is suspected of committing a felony or misdemeanour.

3 They may arrest a person and bring him or her to the police station if they have caught the person in the act of committing a contravention or they have encountered him or her immediately after committing such an offence in the event that:

a.

the person refuses to provide his or her personal details;

b.

the person does not live in Switzerland and fails to provide security for payment of the anticipated fine immediately;

c.

the arrest is necessary in order to prevent the person from committing further contraventions.

1 The police shall establish the identity of the arrested person immediately after the arrest, inform him or her of the reason for the arrest in a language the person can understand and caution the person as to his or her rights within the meaning of Article 158. Thereafter, they shall inform the public prosecutor immediately of the arrest.

2 They shall then question the arrested person in accordance with Article 159 on the suspected offences and carry out appropriate investigations immediately in order to substantiate or rebut the allegations and any other grounds for detention.

3 If investigations reveal that there are no grounds for detention or such reasons no longer apply, they shall release the arrested person immediately. If the investigations confirm the suspicions and any grounds for detention, they shall hand the person over to the public prosecutor immediately.

4 Release or handover shall in any case take place at the latest within 24 hours; if the person was stopped before the arrest, then the period while stopped shall be taken into account when calculating the time limit.

5 If the police have provisionally arrested a person in accordance with Article 217 paragraph 3, the person may only be held for more than 3 hours if a corresponding order is given by a police officer authorised to do so by the Confederation or the canton.

1 Remand begins when it is ordered by the compulsory measures court and ends with the receipt by the court of first instance of the indictment, the accelerated commencement of a custodial sanction or with the accused's release during the investigation.

2 Preventive detention is the period of detention between the time of receipt by the court of first instance of the indictment and the issue of a final judgment, the commencement of a custodial sanction, the enforcement of an expulsion order, or the accused's release.1

1 The public prosecutor shall question the accused immediately and give the accused the opportunity to make a statement regarding the suspected offence and the grounds for remand. It shall immediately record all evidence that may substantiate or rebut the suspicions and the grounds for detention provided such evidence is readily available.

2 If the suspicions and the grounds for remand are confirmed, the public prosecutor shall immediately apply to the compulsory measures court, but at the latest within 48 hours of the arrest, for the accused to be remanded or for an alternative measure. It shall file its application in writing, with a brief statement of reasons and the most relevant files.

3 If the public prosecutor decides against applying for remand, it shall order the accused's immediate release. If it applies for an alternative measure, it shall take the required preventive measures.

1 On receipt of the application from the public prosecutor, the compulsory measures court shall immediately arrange a private hearing with the public prosecutor, the accused and his or her defence agent; it may require the public prosecutor to participate.

2 If so requested, it shall permit the accused and the defence to inspect the files in its possession before the hearing.

3 Any person who is permitted not to attend the hearing may submit applications in writing or make reference to earlier submissions.

4 The compulsory measures court shall gather all the immediately available evidence that may substantiate or rebut the suspicions or the grounds for detention.

5 If the accused expressly waives the right to a hearing, the compulsory measures court shall decide in written proceedings on the basis of the application made by the public prosecutor and the submissions made by the accused.

1 The compulsory measures court decides immediately, but at the latest within 48 hours of receipt of the application.

2 It shall give immediate notice of its decision to the public prosecutor, the accused and his or her defence lawyer orally, or, if they are absent, in writing. It shall then provide them with a brief written statement of the grounds.

3 If it orders the accused to be remanded, it shall inform the accused that he or she may file an application for release from remand at any time.

1 If the period on remand ordered by the compulsory measures court expires, the public prosecutor may file an application to extend the period of remand. If the compulsory measures court has not limited the period of remand, the application must be filed before the accused has spent 3 months on remand.

2 The public prosecutor shall file a written application stating the grounds with the compulsory measures court 4 days at the latest before the expiry of the period of remand, together with the most relevant files.

3 The compulsory measures court shall give the accused and his or her defence lawyer the opportunity to inspect the files in its possession and to respond to the application in writing within 3 days.

4 It may order the provisional continuation of remand pending its decision.

5 The compulsory measures court shall decide at the latest within 5 days of receipt of the response or the expiry of the time limit mentioned in paragraph 3 above. It may instruct the public prosecutor to carry out specific investigative activities, or order an alternative measure.

6 The proceedings are normally conducted in writing, but the compulsory measures court may order a hearing, which shall be held in private.

7 An extension of the period on remand may be granted for a maximum of 3 months, or in exceptional cases for a maximum of 6 months.

1 The accused may apply to the public prosecutor at any time in writing or orally on record for release from remand, subject to paragraph 5 below. The application must be accompanied by a brief statement of grounds.

2 If the public prosecutor grants the application, it shall release the accused from remand immediately. If it does not wish to grant the application, it shall pass the same together with the files no later than 3 days after receipt to the compulsory measures court accompanied by a statement of its opinion.

3 The compulsory measures court shall send the opinion to the accused and his or her defence lawyer and allow them 3 days to respond.

4 The compulsory measures court shall decide at the latest within 5 days of receiving the response or of the expiry of the time limit mentioned in paragraph 3 above. If the accused expressly waives the right to a hearing, the decision may be issued in written proceedings. Article 226 paragraphs 2-5 also applies mutatis mutandis.

5 The compulsory measures court may in its decision specify a time limit of a maximum of one month within which the accused is not permitted to file a further application for release.

1 In cases where the accused has already been on remand, an application for preventive detention is filed in writing by the public prosecutor and the decision on whether to order preventive detention is taken by the compulsory measures court.

2 Where grounds for detention arise only after charges have been brought, the director of proceedings in the court of first instance shall conduct detention proceedings in analogous application of Article 224 and shall request the compulsory measures court to order preventive detention.

3 The proceedings before the compulsory measures court are governed by:

a.

Articles 225 and 226 mutatis mutandis where the accused has not been on remand;

b.

Article 227 mutatis mutandis where the accused has already been on remand.

1 The accused and the public prosecutor may file an application for release from detention during the proceedings before the court of first instance.

2 The application must be submitted to the director of proceedings in the court of first instance.

3 If the director of proceedings grants the application, he or she shall release the accused from detention immediately. If the director of proceedings does not wish to grant the application, it shall be passed on to the compulsory measures court for a decision to be made.

4 The director of proceedings in the court of first instance may also order the accused to be released from detention provided the public prosecutor consents. If the public prosecutor does not consent, the compulsory measures court decides.

1 The court of first instance shall decide in its judgment whether a person convicted should be placed or should remain in preventive detention:

a.

in order to ensure that a sentence or measure is duly executed;

b.

with a view to appellate proceedings.

2 If an accused in detention is acquitted and the court of first instance orders his or her release, the public prosecutor may apply to the court of first instance for the director of appellate proceedings to order the continuation of preventive detention. In such a case, the person concerned shall remain in detention until the director of appellate proceedings makes a decision. The director of appellate proceedings shall decide on the application made by the public prosecutor within 5 days of the application being filed.

3 If the objections withdrawn, the court of first instance shall decide on how the period spent in detention following the judgment will be taken into account.

1 If grounds for detention arise only during proceedings before the court of appeal, the director of appellate proceedings shall order the person to be placed in detention to be brought before the court immediately in order to be heard.

2 A decision shall be made within 48 hours of the hearing; their decision is final.

1 The detainee's personal freedom may not be more strictly limited than is required for the purpose of detention or for order and security in the detention centre.

2 Contact between the detainee and other persons requires authorisation from the director of proceedings. Visits shall if necessary be supervised.

3 The director of proceedings shall inspect incoming and outgoing post, with the exception of correspondence with the supervisory and criminal justice authorities. During preventive detention, the director of proceedings may delegate this task to the public prosecutor.

4 The detainee may communicate freely with his or her defence agent without the content of communications being inspected. If there is justified suspicion that this right is being abused, the director of proceedings may with approval of the compulsory measures court restrict free communication for a limited period, provided prior notice is given to the detainee and the defence agent of the restrictions.

5 The cantons shall regulate the rights and obligations of persons in custody, their rights to legal redress, disciplinary measures and the supervision of detention centres.

1 The director of proceedings may authorise the accused to begin a custodial sentence or custodial measure in advance of the anticipated date, provided the status of the proceedings permit this.

2 If the charges have already been filed, the director of proceedings shall consult the public prosecutor.

3 The Confederation and the cantons may provide that the execution of a measure in advance of the anticipated date requires the consent of the authorities responsible for its execution.

4 On admission to a penal institution, the accused begins his or her sentence or measure; from this point the accused is governed by the relevant regime unless this conflicts with the purpose of the accused's remand or preventive detention.

the requirement to stay or not to stay in a specific place or in a specific house;

d.

the requirement to report to a public office at regularly intervals;

e.

the requirement to do a regular job;

f.

the requirement to undergo medical treatment or a medical examination;

g.

the prohibition of making contact with specific persons.

3 In order to monitor such alternative measures, the court may order the use of technical devices and that they be securely fastened to the person being monitored.

4 The ordering of alternative measures and appeals against such measures are governed mutatis mutandis by the regulations on remand and preventive detention.

5 The court may revoke the alternative measures at any time, or order other alternative measures or the accused's remand or preventive detention if new circumstances so require or if the accused fails to fulfil the requirements stipulated.

1 Where there is a risk that the accused may abscond, the relevant court may order payment of a sum of money in order to ensure that the accused appears for all procedural acts or to begin a custodial sanction.

2 The amount of the bail payment is assessed on the basis of the seriousness of the offences of which the accused is suspected and of the accused's personal circumstances.

3 The payment of money bail may be made in cash or by means of a guarantee issued by a bank or insurance company permanently established in Switzerland.

1 If the accused absconds during the proceedings or the execution of a custodial sanction, the bail payment shall be forfeited to the Confederation or to the canton whose court ordered the same.

2 If a third party made the bail payment, the forfeiture may be waived if the third party provides the authorities with information in good time to enable the accused to be apprehended.

3 The authority before which the case is pending or was last pending shall decide on the forfeiture of the bail payment.

4 A forfeited bail payment shall be used in analogous application of Article 73 SCC1 to cover the claims of persons suffering harm and, if a surplus remains, to cover the monetary penalties, fines and the procedural costs. Any surplus still remaining shall pass to the Confederation or the canton.

3 If there is a risk in any delay, the police may authorise the manual search of body orifices and body cavities and carry out searches without a warrant; they shall inform competent criminal justice authority about the search immediately.

4 The police may search a person who has been stopped or arrested person, in particular in order to guarantee the safety of other persons.

1 The persons authorised to carry out the search shall produce the search warrant at the start of the search.

2 Proprietors of premises being searched who are present must remain on the premises during the search. If they are absent, if possible an adult family member or another suitable person must remain present.

Documents, audio, video and other recordings, data carriers and equipment for processing and storing information may be searched if it is suspected that they contain information that is liable to seizure.

1 Records and property that according to the proprietor may not be searched or seized due to the right to remain silent or to refuse to testify or for other reasons must be sealed and may neither be inspected nor used by the criminal justice authorities.

2 Unless the criminal justice authority files a request for the removal of the seals within 20 days, the sealed records and property shall be returned to the proprietor.

3 If it files a request for the removal of the seals, the following courts shall issue a final judgment thereon within a month:

a.

in preliminary proceedings: the compulsory measures court;

b.

in other cases: the court before which the case is pending.

4 The court may call in an expert to examine the content of records and property.

establish whether the he or she had the mental capacity to be held criminally liable, is fit to plead and to withstand detention.

3 Interventions in the physical integrity of the accused may be ordered provided they do not cause particular pain or any risk to health.

4 Examinations and interventions in the physical integrity of persons other than the accused are only permitted without consent if they are essential in order to properly investigate an offence under Articles 111-113, 122, 124, 140, 184, 185, 187, 189, 190 or 191 SCC1.2

1 If there are indications that a death did not occur naturally, and in particular indications of an offence, or if the body is unidentified, the public prosecutor shall order an inspection of the body to be carried out by a specialist doctor in order to establish the cause of death or to identify the body.

2 If, after the inspection of the body, there is no evidence that an offence has been committed and if identity is established, the public prosecutor shall release the body for the funeral.

3 The public prosecutor shall otherwise order the body to be secured and further tests, and if necessary an autopsy to be carried out by an institute for forensic medicine. It may order the body or parts thereof to be retained for as long as required for the purpose of the investigation.

4 The cantons shall decide persons in the medical profession are required to report unnatural deaths to the criminal justice authorities.

In an investigation into a felony, the compulsory measures court may at the request of the public prosecutor order that samples be taken to create DNA profiles from persons who display specific characteristics established as being relevant to the commission of the offence.

1 When recording identification data, the physical characteristics of a person shall be noted and prints taken of parts of the body.

2 The police, the public prosecutor and the courts, or in cases of urgency the director of proceedings may order the recording of identifying data.

3 The recording of identifying data shall be ordered in a written warrant, with a brief statement of the reasons. In cases of urgency, it may be ordered orally, but must subsequently be confirmed and explained in writing.

4 If the person concerned refuses to accept the police order, the public prosecutor shall decide.

1 Documents that identify the accused may be retained outside the case file for the following periods and, in the event of a reasonable suspicion that a new offence has been committed may also be used:

a.

in the event of the accused's conviction or his or her acquittal on the grounds that he or she not legally responsible due to a mental disorder: until the expiry the time limits for the removal of the relevant entry from the register of criminal convictions;

b.

in the event of acquittal on other grounds, the abandonment of the proceedings or a decision to not to bring proceedings: until the decision becomes legally binding.

2 If it is anticipated in a case under paragraph 1 letter b due to certain matters that documents identifying the accused could be used in the investigation of future offences, they may be retained and used with the consent of the director of proceedings for a maximum of 10 years from when the decision becomes legally binding.

3 Documents identifying persons other than the accused must be destroyed as soon as the proceedings against the accused have been concluded or abandoned or it has been decided not to bring proceedings.

4 If it becomes clear before the expiry of the time limits under paragraphs 1-3 that there is no longer any interest in retaining or using the identifying documents, they shall be destroyed.

1 Accused persons, witnesses and persons providing information may be required to provide handwriting or voice samples for comparison with other such samples.

2 Any person who refuses to provide such a sample may be issued with a fixed penalty fine. The foregoing does not apply to the accused and, where such rights apply, persons who have the right to remain silent or to refuse to testify.

1 Items and assets belonging to an accused or to a third party may be seized if it is expected that the items or assets:

a.

will be used as evidence;

b.

will be used as security for procedural costs, monetary penalties, fines or damages;

c.

will have to be returned to the persons suffering harm;

d.

will have to be forfeited.

2 Seizure shall be ordered on the basis of a written warrant containing a brief statement of the grounds. In urgent cases, seizure may be ordered orally, but the order must thereafter be confirmed in writing.

3 Where there is a risk in any delay, the police or members of the public may provisionally seize items or assets on behalf of the public prosecutor or the courts.

items and documents used in communications between the accused and persons who may refuse to testify in accordance with Articles 170-173 and who are not accused of an offence relating to the same case.

items and documents used in communications between another person and his or her lawyer provided the lawyer is entitled to represent clients before Swiss courts in accordance with the Lawyers Act of 23 June 20003 and is not accused an offence relating to the same case.

2 The restrictions in accordance with paragraph 1 do not apply to items and assets that must be seized with a view to their return to the person suffering harm or their forfeiture.

3 If an entitled person claims that a seizure of items or assets is not permitted on the grounds of a right to refuse to make a statement or testify or for other reasons, the criminal justice authorities shall proceed in accordance with the regulations on the sealing of evidence.

1 Amended by No I 6 of the Federal Act of 28 Sept. 2012 on the Amendment of Procedural Provisions on Professional Confidentiality for Lawyers, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181).2 Inserted by No I 6 of the Federal Act of 28 Sept. 2012 on the Amendment of Procedural Provisions on Professional Confidentiality for Lawyers, in force since 1 May 2013 (AS 2013 847; BBl 2011 8181).3 SR 935.61

1 The holder is obliged to hand over items or assets that should be seized.

2 The following persons are not required to hand over items or assets:

a.

the accused;

b.

persons who have the right to remain silent or to refuse to testify, to the extent that that right applies;

c.

corporate undertakings, if by handing over items they could incriminate themselves such that they:

1.

could be held liable under criminal law or

2.

could be held liable under civil law and if their interest in protection outweighs the interest in prosecution.

3 The criminal justice authority may demand that the person obliged to hand over items or assets does so, may fix a deadline, and notify him or her that in the event of non-compliance the penalties mentioned in Article 292 SCC1 or a fixed penalty fine may be imposed.

4 Compulsory measures are only permitted if the person concerned refuses to hand over the items or assets or if it may be assumed that a demand to hand over the items or assets may prejudice the success of the measure.

1 The criminal justice authority ordering seizure shall confirm that it has received the property and assets seized or handed over in the seizure order or in a separate receipt.

2 It shall draw up a list and safeguard the property and assets appropriately.

3 If immovable property is seized, an inhibition shall be ordered; this shall be recorded in the Land Register.

4 The seizure of a debt shall be notified to the debtor, who shall be advised that repayment to the creditor will not settle the debt.

5 Property that is subject to rapid depreciation or requires expensive maintenance, as well as securities or other assets with a stock exchange or market price may be sold immediately in accordance with the Federal Act of 11 April 18891 on Debt Enforcement and Bankruptcy (DEBA). The proceeds shall be seized.

1 If the grounds for seizure no longer apply, the public prosecutor or court shall revoke the seizure order and hand over the property or assets to the person entitled to them.

2 Where it is undisputed that a person has as a direct result of the offence been deprived of an item of property or an asset belonging to him or her, the criminal justice authority shall return the property or asset to the person entitled to it before the conclusion of the proceedings.

3 Unless the order to seize an item of property or an asset has already been revoked, a decision on its return to the entitled person, its use to cover costs or its forfeiture in shall be made in the final judgment.

4 If two or more persons lay claim to an item of property or an asset in respect of which the seizure order is to be revoked, the court may decide on the issue.

5 The criminal justice authority may award property or assets to a person and set the other claimants a time limit within which to raise a civil action.

6 If at the time when the seizure order is revoked the identity of the person entitled to the property or assets is unknown, the public prosecutor or the court shall give public notice that the property or assets are available to be claimed. If no one makes a claim within five years of notice being given, the seized property and assets shall pass to the canton or to the Confederation.

3 If the adjudication an offence subject to military jurisdiction is assigned to the jurisdiction of the civil courts, the surveillance of post and telecommunications may also be ordered in the investigation of the offences under Article 70 paragraph 2 of the Military Criminal Procedure Code of 23 March 197917.

1 When monitoring a person belonging to one of the professions mentioned in Articles 170-173, the court must ensure that information that is relevant to the enquiries or the reason why this person is being monitored is separated from information that is relevant, in order to guarantee that no professional secrets come to the knowledge of the criminal justice authority.

there is a strong suspicion that the person subject to professional confidentiality is guilty of an offence; and

b.

there are specific reasons justifying the direct interception of communications.

3 In the surveillance of other persons, information about which a person named in Articles 170-173 may refuse to testify must be removed from the case documents and destroyed immediately; it may not be used.

1 The surveillance of post and telecommunications requires the authorisation of the compulsory measures court.

2 If enquiries reveal that the person under surveillance is changing his or her telecommunications connection regularly, the compulsory measures court may by way of exception authorise the surveillance of all identified connections used by the person under surveillance for telecommunications so that authorisation is not required in each individual case (general authorisation). The public prosecutor shall submit a report to the compulsory measures court for approval every month and on conclusion of the surveillance.

3 If during the surveillance of a connection in terms of a general authorisation, measures are required to protect professional confidentiality and such measures are not mentioned in the general authorisation, an application for authorisation for the individual surveillance operation concerned must be submitted to the compulsory measures court.

1 If there is a strong suspicion that a felony or misdemeanour or a contravention in terms of Article 179septies SCC1 has been committed, and if the requirements of Article 269 paragraph 1 letters b and c are met, the public prosecutor may request information:

a.

on when and with which persons or connections the person under surveillance is communicating or has communicated via post or telecommunications;

1 The public prosecutor shall submit the following documents to the compulsory measures court within 24 hours of surveillance or the release of information being ordered:

a.

the order;

b.

a statement of the reasons and the case documents relevant for authorisation.

2 The compulsory measures court shall decide and provide a brief statement of the reasons within 5 days of the surveillance or the release of information being ordered. It may grant authorisation subject to a time limit or other conditions, or request further information or investigations.

3 The compulsory measures court shall give notice of the decision immediately to the public prosecutor and to the Post and Telecommunications Surveillance Bureau in terms of Article 2 of the Federal Act of 6 October 20001 on the Surveillance of Post and Telecommunications.

5 The compulsory measures court shall grant authorisation for a maximum of 3 months. The authorisation may be extended on one or more occasions for a maximum of 3 months at a time. If an extension is required, the public prosecutor shall file an application for the extension, stating the reasons therefor, before expiry of the current authorisation.

1 Records of authorised surveillance operations that are not required for criminal proceedings shall be stored separately from the case documents and destroyed immediately on conclusion of the proceedings.

2 Postal items may be retained for as long as this is necessary for the criminal proceedings; they must be released to the addressee as soon as the status of the proceedings permits.

1 If in the course of surveillance operations offences other than those specified in the surveillance order come to light, these findings may be used against the accused provided surveillance would have been permitted in the investigation of the offences concerned.

1bis If offences come to light during surveillance operations in terms of Article 3 of the Federal Act of 6 October 20001 on the Surveillance of Post and Telecommunications, the findings may be used subject to the requirements specified in paragraphs 2 and 3.2

2 Findings relating to offences committed by a person who is not named as a suspect in the surveillance order may be used if the requirements for the surveillance of this person are fulfilled.

3 In cases under paragraphs 1, 1bis and 2, the public prosecutor shall order surveillance immediately and begin the authorisation procedure.3

4 Records that may not be used as accidental finds must be stored separately from the case documents and destroyed on conclusion of the proceedings.

5 Any findings made in a surveillance operation may be used to trace wanted persons.

1 The public prosecutor shall notify the suspect under surveillance and third parties under surveillance in terms of Article 270 letter b of the reason for and form and duration of the surveillance operation on conclusion of the preliminary proceedings at the latest.

2 With the consent of the compulsory measures court, notice may be deferred or dispensed with if:

a.

the findings are not used as evidence in court proceedings; and

b.

deferring or dispensing with notice is necessary to protect overriding public or private interests.

3 Persons whose telecommunications connection or postal address has been under surveillance or who have used a connection or postal address that has been under surveillance may file an appeal under Articles 393-397. The period for filing the appeal begins on receipt of the notice.

1 The public prosecutor shall notify the persons directly concerned by observation activities of the reason for and form and duration of the observation activities on conclusion of the preliminary proceedings at the latest.

In order to investigate felonies or misdemeanours, the compulsory measures court may, at the request of the public prosecutor, order the surveillance of transactions between a suspect and a bank or bank-type institution.

In an undercover investigation, police officers or persons temporarily appointed to carry out police duties make contact with persons under false pretences by using a false identity (cover) supported by documents with the aim of gaining the trust of those persons and infiltrating a criminal environment in order to investigate particularly serious offences.

1 Inserted by No I of the Federal Act of 14 Dec. 2012 on Undercover Investigations and Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609).

3 If the adjudication an offence subject to military jurisdiction is assigned to the jurisdiction of the civil courts, an undercover investigation may also be ordered in respect of offences under Article 70 paragraph 2 of the Military Criminal Procedure Code of 23 March 197914.

2 The public prosecutor may guarantee to undercover investigators that their true identity will not be revealed even if they appear in court proceedings as a person providing information or as a witness.2

2 It may guarantee to undercover investigators that their true identity will not be disclosed even if they appear in court proceedings as persons providing information or witnesses.

3 If undercover investigators commit an offence while deployed, the compulsory measures court shall decide on the identity under which criminal proceedings are brought.

1 Amended by No I of the Federal Act of 14 Dec. 2012 on Undercover Investigations and Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609).2 Amended by No I of the Federal Act of 14 Dec. 2012 on Undercover Investigations and Enquiries, in force since 1 May 2013 (AS 2013 1051; BBl 2012 5591 5609).

1 The deployment of an undercover investigator requires the authorisation of the compulsory measures court.

2 The public prosecutor shall submit the following documents to the compulsory measures court within 24 hours of ordering the undercover investigation:

a.

the order;

b.

a statement of the reasons and the case documents relevant for authorisation.

3 The compulsory measures court shall decide and provide a brief statement of the reasons within 5 days of the undercover investigation being ordered. It may grant authorisation subject to a time limit or other conditions, or request further information or investigations.

to produce or alter official documents in order to create or maintain a cover;

b.

to guarantee anonymity;

c.

to deploy persons with no police training.

5 The compulsory measures court shall grant authorisation for a maximum of 12 months. Authorisation may be extended on one or more occasions for a maximum of 6 months at a time. If an extension is required, the public prosecutor shall file an application for the extension, stating the reasons therefor, before expiry of the current authorisation.

6 If authorisation is not granted or no authorisation has been obtained, the public prosecutor shall terminate deployment immediately. All records must be destroyed immediately. Findings made by means of the undercover investigation may not be used.

1 During deployment, the undercover investigator is subject to the direct instructions of the commanding officer. During deployment, any contact between the public prosecutor and the undercover investigator shall take place exclusively via the commanding officer.

1 Undercover investigators may not generally encourage others to commit offences or incite persons already willing to commit offences to commit more serious offences. They must limit their activities to substantiating an existing decision to commit an offence.

2 Their activities may only be of minor significance in the decision to commit a specific offence.

3 If required in order to bring about the main transaction, they may make trial purchases or provide evidence of their ability to pay.

4 If the undercover investigator exceeds the remit of the authorised operation, the court must take due account of this in assessing the sentence imposed on the person subject to the investigator's influence, or may dispense with imposing any sentence.

Undercover investigators may not be convicted of an offence under Articles 19 and 20-22 of the Narcotics Act of 3 October 19511 if they are acting in the course of an authorised undercover investigation.

1 At the request of the public prosecutor, the Confederation may provide sums of money via the National Bank in the required amounts, forms and denominations for the purpose of simulated transactions and to provide evidence of an ability to pay.

2 The request must be submitted to the Federal Office of Police together with a summary of the facts of the case.

3 The public prosecutor shall take the precautions required to protect the money provided. In the event of loss, the Confederation or the canton to which public prosecutor belongs is liable.

1 Where evidence of an offence other than that named in the investigation order comes to light in the course of an undercover investigation, the evidence may be used provided the ordering of a covert investigation would have been permitted in order to investigate the offence newly disclosed.

2 The public prosecutor shall order an undercover investigation immediately and begin the authorisation procedure.

the undercover investigator or the commanding officer fails to follow instructions or fails to carry out his or her duties in some other way, in particular by wilfully providing false information to the public prosecutor.

2 In cases under paragraph 1 letters a and c, the public prosecutor shall notify the compulsory measures court of the termination of the operation.

3 When terminating an operation, it must be ensured that neither the undercover investigator nor any third parties involved in the investigation are exposed to any avoidable risks.

1 The public prosecutor shall give notice to the accused at the latest on conclusion of the preliminary proceedings that he or she has been the subject of an undercover investigation.

2 Notice may be deferred or dispensed with, subject to the consent of the compulsory measures court, if:

a.

the findings are not used as evidence; and

b.

deferring or dispensing with notice is necessary to protect overriding public or private interests.

3 Persons who have been the subject of an undercover investigation may file an objection in accordance with Articles 393-397. The period for filing the objection begins on receipt of notice of the investigation.

1 In undercover enquiries, police officers deployed for short periods in such a way that their true identity and function remains concealed attempt to investigate felonies and misdemeanours and to do so enter into or pretend that they wish to enter into fictitious transactions.

2 Undercover agents are provided with a cover within the meaning of Article 285a. Their true identity and function is disclosed in the case files and at hearings.

public prosecutor fails to approve the continuation of enquiries ordered by the police; or

c.

the undercover agent or commanding officer does not follow instruction or fails to fulfil his or her obligations in another way, in particular by providing the public prosecutor with false information or attempting to influence the target person in an unlawful manner.

2 The police shall notify the public prosecutor of the termination of undercover enquiries.

3 When terminating undercover enquiries, care should be taken to ensure that the undercover agent is not exposed to any avoidable risk.

1 The criminal justice authorities are obliged to report to the competent authority all offences that have come to light or that have been reported to them in the course of their official activities, unless they themselves are responsible for prosecuting the offence.

2 The Confederation and the cantons shall regulate the duty to report of members of other authorities.

3 The duty to report ceases to apply for persons who have the right to remain silent or to refuse to testify in accordance with Articles 113 paragraph 1, 168, 169 and 180 paragraph 1.

1 In the case of offences that are prosecuted only on complaint or with official authorisation, preliminary proceedings shall be commenced only if a criminal complaint has been made or authorisation granted.

2 The competent authority may act to secure evidence beforehand where this cannot be delayed.

1 A criminal complaint must be submitted in writing or made orally and noted down in an official record. It must be made to the police, the public prosecutor or the authority responsible for prosecuting contraventions.

2 Where a person waives the right to file a complaint or withdraws a complaint, the same form is required.

the right under Article 92a SCC to request information on the decisions and and circumstances of the execution of penalties and measure in relation to the offender.

3 If the victim agrees, they shall pass his or her name and address on to a counselling service.

4 Paragraphs 1-3 also apply mutatis mutandis to the relatives of the victim.

5 Confirmation that the provisions this Article have been complied with must be recorded in the case file.

1 Amended by Annex No II 7 of the Criminal Justice Authorities Act of 19 March 2010, in force since 1 Jan. 2011 (AS 2010 3267; BBl 2008 8125).2 Amended by No I 3 of the Federal Act of 26 Sept. 2014 on Victims' Right to Information, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913).3 Amended by No I 3 of the Federal Act of 26. Sept. 2014 on Victims' Right to Information, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913).4 Inserted by No I 3 of the Federal Act of 26. Sept. 2014 on Victims' Right to Information, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913).

1 The police shall inform the public prosecutor immediately of serious offences and other serious incidents. The federal and cantonal public prosecutors may issue more detailed provisions on this duty to provide information.

2 The public prosecutor may issue instructions and assignments to the police at any time or take over the conduct of the proceedings. In the cases under paragraph 1, it shall if possible conduct the first essential examination hearings itself.

3 The police shall record all their findings and the measures they have taken in written reports and pass these on conclusion of their enquiries together with the reports of offences, transcripts of examination hearings, other files and property and assets that have been seized directly to the public prosecutor.

there is a reasonable suspicion that an offence has been committed based on the information and reports from the police, the complaint or its own findings;

b.

it intends to order compulsory measures;

c.

it has received information from the police in terms of Article 307 paragraph 1.

2 It may return police reports and criminal complaints that do not contain clear indications that an offence has been committed to the police so that they may carry out additional enquiries.

3 It shall open the investigation by issuing a ruling in which it shall name the accused and the offence that he or she is suspected of committing. The ruling need not contain a statement of reasons or be made public. It is non-contestable.

4 The public prosecutor may not open an investigation if it immediately issues a no-proceedings order or a summary penalty order.

1 The public prosecutor may instruct the police to carry out additional enquiries after the investigation has been opened. It shall issue written instructions, or in cases of urgency oral instructions, that limit the enquiries to clearly defined issues.

2 In the case of examination hearings carried out by the police on behalf of the public prosecutor, the persons involved in the proceedings have the procedural rights that they would be accorded in the case of examination hearings by the public prosecutor.

1 The public prosecutor may suspend an investigation, in particular if:

a.

the identity of the offender or his or her whereabouts is unknown is or there are other temporary procedural impediments;

b.

the outcome of the criminal proceedings depends on other proceedings and it seems appropriate to await their conclusion;

c.

private settlement proceedings are ongoing and it seems appropriate to await their outcome;

d.

a decision on the substance of the case depends on how the consequences of the offence develop.

2 In the case of paragraph 1 letter c, the period of suspension shall be limited to 3 months; it may be extended on one occasion by a further 3 months.

3 Before suspending proceedings, the public prosecutor shall gather any evidence that is at risk of being lost. If the identity of the offender or his or her whereabouts is unknown, it shall order that he or she be traced.

4 The public prosecutor shall give notice of the suspension to the accused, the private claimant and the victims.

5 The procedure is otherwise governed by the provisions on the abandonment of proceedings.

1 Where the proceedings relate to an offence that is prosecuted only on complaint, the public prosecutor may summon the complainant and the accused to a hearing with the aim of achieving a settlement. If the complainant fails to attend, the complaint is deemed to have been withdrawn.

2 If consideration is being given to an exemption from punishment due to reparation being made in accordance with Article 53 SCC1, the public prosecutor shall invite the person suffering harm and the accused to a hearing with the aim of agreeing on reparation.

3 If an agreement is reached, this shall be placed on record and signed by those involved. The public prosecutor shall then abandon the proceedings.

4 If the accused fails to attend a hearing in accordance with paragraphs 1 or 2 or if no agreement is reached, the public prosecutor shall immediately proceed with the investigation. In cases where it is justified, it may require the complainant to provide security for costs and damages within ten days.

In extensive and complex preliminary proceedings, the public prosecutor shall question the accused again in a final examination hearing before concluding the investigation and request the accused to comment on the findings.

1 If the public prosecutor regards the investigation as completed, it shall issue a summary penalty order or give written notice to those parties whose address is known of the imminent conclusion of the investigation and inform them whether it is intended to bring charges or abandon the proceedings. At the same time, it shall allow the parties a period within which to submit requests for further evidence to be taken.

2 It may reject requests for further evidence to be taken only if the evidence involves matters that are irrelevant, obvious, known to the criminal justice authority or already satisfactorily proven in legal terms. The decision shall be issued in writing and with a brief statement of the grounds. Requests for further evidence to be taken that are refused may be made again in the main proceedings.

3 Notice in accordance with paragraph 1 and decisions in accordance with paragraph 2 are non-contestable.

1 The public prosecutor shall bring charges in the competent court if, based on the results of the investigation, it regards the grounds for suspicion as sufficient and it is not competent to issue a summary penalty order.

1 The public prosecutor shall provide the court with the following details and make the following applications unless they are already included in the indictment:

a.

the private claimant and any civil claims;

b.

the compulsory measures ordered;

c.

the seized property and assets;

d.

the costs incurred in the investigation;

e.

if deemed necessary, its application for preventive detention;

f.

its applications for sanctions or notice that these applications will be made at the main hearing;

g.

its applications for subsequent judicial decisions;

h.

its request to receive a summons to the main hearing.

2 If the public prosecutor is not personally represented in court, it may attach a final report to the indictment that explains the circumstances of the case, which also contains comments on the assessment of evidence.

the indictment and the files have been presented in the proper manner;

b.

the procedural requirements are fulfilled;

c.

there are any procedural impediments.

2 If it is determined in this examination or later in the proceedings that a judgment cannot be issued at this time, the court shall suspend the proceedings. If required, it shall return the indictment to the public prosecutor for amendment or correction.

4 If it is permanently impossible to issue a judgment, the court shall abandon the proceedings after granting the parties and other third parties adversely affected by abandonment the right to be heard. Article 320 applies mutatis mutandis.

5 If the proceedings are only abandoned in relation to specific charges on the indictment abandoned, the abandonment order may be issued with the judgment.

1 The director of proceedings shall decide on the evidence that may be taken at the main hearing. He or she shall notify the parties of the composition of the court and what evidence is to be presented.

2 The director of proceedings shall at the same time set a deadline within which the parties must submit and justify requests for further evidence to be taken; when doing so, he or she shall notify the parties of the potential effect on costs and damages of delayed requests for further evidence to be taken.

3 If the director of proceedings rejects a request for further evidence to be taken, he or she shall notify the parties of this and give a brief statement of the grounds. Rejection is non-contestable, but rejected requests for further evidence to be taken may be submitted again at the main hearing.

4 The director of proceedings shall fix a date, time and place for the main hearing and summon the parties, together with the witnesses, persons providing information and expert witnesses who are to be questioned.

5 He or she shall make a final decision on applications for postponement that are submitted before the start of the main hearing.

1 The director of proceedings may summon the parties to a preliminary hearing in order to settle organisational issues.

2 The director of proceedings may summon the parties to discuss a private settlement in accordance with Article 316.

3 If it is expected that it will not be possible to take certain evidence in the main hearing, the director of proceedings may take that evidence prior to the main hearing, entrust the task to a delegate of the court or in cases of urgency to the public prosecutor, or arrange for the evidence to be taken through mutual assistance procedures. The parties shall be given the opportunity to participate if evidence is taken in this way.

1 The court shall allow the public prosecutor the opportunity to amend the charges if in its view the circumstances outlined in the indictment could constitute a different offence but the indictment does not meet the statutory requirements.

2 If further offences by the accused come to light during the main hearing, the court may permit the public prosecutor to add charges to the indictment.

3 Additions are not permitted if the proceedings would be made unduly complex or this would affect the jurisdiction of the court or if a case involves co-offending or participation. In these cases, the public prosecutor shall commence preliminary proceedings.

4 The court may only base its judgment on a charge that has been amended or added to if the party rights of the accused and the private claimant have been observed. If necessary, it shall adjourn the main hearing.

1 If the court concludes that in proceedings pending before it a sentence or measure must be considered that exceeds its competence, it shall transfer the case at the latest following the party submissions to the competent court. This court shall conduct its own procedure for taking evidence.

2 The decision to transfer the case to another court is non-contestable.

1 The court shall sit for the entire duration of the main hearing in the composition required by law and in the presence of a clerk of court.

2 If a judge becomes unable to attend during the main hearing, the entire main hearing shall be held again unless the parties waive this requirement.

3 The director of proceedings may order that from the outset a substitute member of the court participates in the hearing in order to replace a member of the court if necessary.

4 If the court is hearing a case involving sexual offences, if so requested by the victim at least one of its members must be of the same gender as the victim. Where the court comprises one judge sitting alone, this rule need not be applied if the case involves victims of both genders.

1 The director of proceedings or a member of the court that they have appointed shall conduct the examination hearings.

2 The other members of the court and the parties may request the director of proceedings to ask supplementary questions or request their authorisation to ask them themselves.

3 At the start of the beginning of the procedure for taking evidence, the director of proceedings shall question the accused in detail on his or her personal circumstances, on the charge and on the results of the preliminary proceedings.

1 The court may at the request of the accused or the public prosecutor or ex officio divide the main hearing into two parts; in doing so, it may stipulate that:

a.

in the first part of the proceedings only the offence and the issue of the accused's guilt will be considered, and that in the second the consequences of conviction or acquittal shall be considered; or

b.

in the first part of the proceedings only the offence will be considered and in the second the issue of the accused's guilt together with the consequences of conviction or acquittal will be considered.

2 The decision on the division of the main hearing is non-contestable.

3 In the event of the division of the proceedings, the personal circumstances of the accused may only be considered in the main hearing in the event of that the accused is found guilty, unless that the accused's personal circumstances are of significance in assessing the objective facts of the case or the state of mind of the accused.

4 The verdict shall be given following the deliberations, but it may only be contested in conjunction with the entire judgment.

If the court intends to make an assessment of the legal aspects of the case that differs from that of public prosecutor in the indictment, it shall give notice of this to the parties present and give them the opportunity to comment.

1 If the accused has accepted responsibility for the offence in the preliminary proceedings or if his or her responsibility has otherwise been satisfactorily established, the public prosecutor shall issue a summary penalty order if, having taken account of any suspended sentence or parole order that must be revoked, it regards any of the following sentences as appropriate:

a.

a fine;

b.

a monetary penalty of no more than 180 daily penalty units;

c.

community service of no more than 720 hours;

d.

a custodial sentence of no more than 6 months.

2 Any of these sentences may be combined with a measure in accordance with Articles 66 and 67e-73 SCC1.2

3 Sentences in accordance with paragraph 1 letters b-d may be combined with each other provided the total sentence imposed corresponds to a custodial sentence of no more than 6 months. A fine may always be combined with any another sentence.

1 If the public prosecutor decides to stand by the summary penalty order, it shall send the files immediately to the court of first instance for the conduct of the main hearing. The summary penalty order constitutes the indictment.

2 The court of first instance shall decide on the validity of the summary penalty order and its rejection.

3 The rejection may be withdrawn at any time prior to the conclusion of the party submissions.

4 If the person filing the rejection fails to attend the main hearing without excuse or being represented, the rejection is deemed to have been withdrawn.

5 If the summary penalty order is invalid, the court shall revoke it and refer the case back to the public prosecutor for new preliminary proceedings to be conducted.

6 If the rejection relates only to costs and damages or other incidental legal orders, so the court shall decide in written proceedings, unless the person filing the rejection expressly requests a hearing.

7 If summary penalty orders have been issued to two or more persons in relation to the same act, Article 392 applies mutatis mutandis.

1 The administrative authorities appointed to prosecute and adjudicate contraventions have the powers of the public prosecutor.

2 The procedure is governed mutatis mutandis by the regulations on the summary penalty order procedure.

3 If elements of the contravention have not been fulfilled, so the authority responsible for prosecuting contraventions shall abandon the proceedings by issuing a ruling with a brief statement of the reasons.

4 If in the view of the authority responsible for prosecuting contraventions the facts of the case constitute a felony or misdemeanour, it shall refer the case to the public prosecutor.

1 At any time prior to bringing charges, the accused may request the public prosecutor to conduct accelerated proceedings provided the accused admits the matters essential to the legal appraisal of the case and recognises, if only in principle, the civil claims.

2 Accelerated proceedings are not an option in cases where the public prosecutor requests a custodial sentence of more than five years.

1 The decision of the public prosecutor on whether to conduct accelerated proceedings is final. The ruling need not contain a statement of reasons.

2 The public prosecutor shall notify the parties that accelerated proceedings are to be conducted and shall set the private claimant a time limit of 10 days to file civil claims and request the reimbursement of costs incurred in the proceedings.

the charge corresponds to the result the main hearing and the files; and

c.

the requested sanctions are equitable.

2 If the requirements for a judgment in the accelerated proceedings are fulfilled, the court shall issue a judgment that sets out the offences, sanctions and civil claims contained in the indictment, together with a brief statement of reasons for the fulfilment of the requirements for the accelerated proceedings.

3 If the requirements for a judgment in the accelerated proceedings are not fulfilled, the court shall return the files to the public prosecutor so that ordinary preliminary proceedings may be conducted. The court shall give notice of its decision not to issue a judgment both orally and by issuing written conclusions. This decision is non-contestable.

4 Following a decision not to issue a judgment in accelerated proceedings, statements made by the parties for the purpose of the accelerated proceedings may not be used in any subsequent ordinary proceedings.

5 The sole grounds for appeal against a judgment in accelerated proceedings are that a party did not consent to the indictment or that the judgment does not correspond to the indictment.

1 The court that issued the first instance judgment shall also take any separate subsequent decisions delegated to a judicial authority unless the Confederation or cantons provide otherwise.

2 If the public prosecutor issued the decision in summary penalty order proceedings or the authority responsible for prosecuting contraventions issued the decision in contravention proceedings, these authorities shall also take the subsequent decisions.

3 The Confederation and the cantons shall specify the authorities responsible for making subsequent decisions that are not made by the court.

1 The competent authority shall begin proceedings to issue a subsequent judicial decision ex officio unless federal law provides otherwise. It shall submit the relevant files and its application to the court.

2 In all other cases, the person convicted or any other entitled persons may request proceedings be initiated by filing a written and justified application.

3 The court shall examine whether the requirements for the subsequent judicial decision are fulfilled, and shall if necessary add to the files or arrange for further enquiries to be carried out by the police.

4 It shall give the persons and authorities concerned the opportunity to comment on the intended decision and to submit applications.

1 If an accused who has been duly summoned fails to appear before the court of first instance, the court shall fix a new hearing and summon the person again or arrange for him or her to be brought before the court. It shall take evidence where this cannot be delayed.

2 If the accused fails to appear for the re-arranged main hearing or if it is not possible to bring him or her before the court, the main hearing may be held in the absence of the accused. The court may also suspend the proceedings.

3 If the accused is suffering from a voluntarily induced unfitness to plead or if he or she refuses to be brought from detention to the main hearing, the court may conduct proceedings immediately in absentia.

1 If it is possible to serve the judgment in absentia personally, the person convicted shall be notified that he or she has 10 days to make a written or oral application to the court that issued the judgment for it to re-assess the case.

2 In the application, the person convicted must briefly explain why he or she was unable to appear at the main hearing.

3 The court shall reject the application if the person convicted was duly summoned, but failed to appear at the main hearing without excuse.

1 If it is probable that the requirements for a re-assessment will be fulfilled, the director of proceedings shall fix a new main hearing. At this hearing, the court shall decide on the application for re-assessment and shall if applicable reach a new judgment.

2 The appeal courts shall suspend any appellate proceedings raised by other parties.

3 The director of proceedings shall decide before the main hearing on granting suspensive effect and on preventive detention.

4 If the convicted person again fails to appear for the main hearing, the judgment in absentia shall remain valid.

5 The application for re-assessment may be withdrawn at any time prior to the conclusion of the party hearing subject to the payment of costs and damages.

1 Within the applicable time limit, a person convicted may file an appeal against the judgment in absentia in addition to or instead of the application for re-assessment. The person convicted must be notified of this possibility in accordance with Article 368 paragraph 1.

2 An appeal shall only be considered if the application for re-assessment has been rejected.

1 If it is not competent to order a good behaviour bond in terms of Article 66 SCC1 in the course of the criminal proceedings against the accused, separate proceedings shall be held.

2 If the accused is in detention due to a risk that he or she will commit a threatened felony or misdemeanour or that he or she will commit that felony or misdemeanour again, a good behaviour bond order is not competent.

3 The application to begin separate proceedings must be submitted to the public prosecutor in the place where the threat was made or the intention was expressed to commit the offence again.

1 The public prosecutor shall question the persons involved and then pass the files to the compulsory measures court. The court shall order the measures mentioned in Article 66 SCC1. The person concerned may file an appeal against an order of detention with the objections authority.

2 The person threatened has the same rights as a private claimant. He or she may where this is justified be required to lodge security for the costs of the proceedings and for damages.

3 The person alleged to have made the threat has the rights of an accused.

4 Where money bail in accordance with Article 66 paragraph 3 SCC is forfeited to the state, a ruling thereon shall be issued in application of Article 240.

5 If a person threatens immediate danger, the public prosecutor may place this person provisionally in detention or take other protective measures. The public prosecutor shall bring the person immediately before the competent compulsory measures court; this court shall decide on whether to order detention.

1 If an accused is not legally responsible due to a mental disorder and if the application of Article 19 paragraph 4 or 263 SCC1 is not an option, the public prosecutor shall make a written application to the court of first instance for a measure in accordance with Articles 59-61, 63, 64, 67 or 67b or 67e SCC, without abandoning the proceedings beforehand due to the accused not being legally responsible due to a mental disorder.2

2 The court of first instance may in consideration of the accused's state of health or to protect the accused's privacy:

a.

conduct the proceedings in the absence of the accused;

b.

exclude the public from the proceedings.

3 It shall give any private claimant the opportunity to comment on the application made by the public prosecutor and on his or her civil claim.

4 The provisions on the main proceedings at first instance otherwise apply.

1 The court shall order the measures requested or other measures if it is satisfied that the accused committed the act but is not legally responsible due to a mental disorder and that measure is required. It shall decide on any civil claims at the same time.

2 The order in respect of the measure and the decision on the civil claims are issued in a judgment.

3 If the court is satisfied that the accused has the mental capacity to be legally responsible or that he or she committed the offences while lacking such mental capacity, it shall reject the application made by the public prosecutor. When this decision becomes legally binding, the preliminary proceedings against the accused shall be continued.

The public prosecutor or the court shall also decide on the applications made by the person suffering harm for the forfeited property or assets to be used for his or her benefit. Article 267 paragraphs 3-6 applies mutatis mutandis.

1 Any party with a legitimate interest in the quashing or amendment of a decision may seek an appellate remedy.

2 A private claimant may not contest a decision on a sanction that has been imposed.

3 In the event of the death of the accused, the person convicted or a private claimant the next-of-kin in terms of Article 110 paragraph 1 SCC1 and in accordance with their ranking under the law of succession may seek an appellate remedy or continue the appellate proceedings provided their legitimate interests are affected.

1 If this Code requires that the appellate remedy be accompanied by a statement of the grounds, the person or the authority seeking the appellate remedy must indicate precisely:

a.

which points of the decision are contested;

b.

what grounds there are for reaching a different decision;

c.

what evidence they wish to adduce in support of the appellate remedy.

2 If the submission fails to satisfy these requirements, the appellate authority shall return the same and fix a short additional period within which it may be amended. If the submission still fails to satisfy the requirements after this additional period, the appellate authority shall not consider the appellate remedy.

3 The incorrect designation of an appellate remedy does not adversely affect its validity.

1 Any person with a right to seek an appellate remedy may waive this right by making a written or oral declaration to the authority issuing the decision on receiving notice of the contestable decision.

2 Any person who has requested an appellate remedy may withdraw the same:

a.

in oral proceedings: before the conclusion of the party hearings;

b.

in written proceedings: before the conclusion of the exchange of submissions and any amendments to the evidence or files.

3 Waiver and withdrawal are final unless the party has been induced to make his or her declaration by deception, an offence or incorrect official information.

1 Any person who wishes to request an appellate remedy for which this Code stipulates a written procedure must file the relevant petition.

2 If the appellate remedy is not obviously inadmissible or unjustified, the director of proceedings shall send the petition to the other parties and the lower court to obtain their response. If the petition cannot be sent to a party or if a party fails to respond, the proceedings shall nevertheless be continued.

3 The appellate authority shall if necessary order a second exchange of written submissions.

4 It shall make its decision by way of circulation or by deliberating in camera based on the files and any additional evidence taken.

the applications made by the parties unless it is considering civil claims.

2 It may not amend decisions to the prejudice of an accused or person convicted if the appeal was filed solely for that person's benefit. However, it may impose a more severe penalty where facts have come to light that the court of first instance could not have known.

3 It may not amend decisions on civil matters to the prejudice of a private claimant if this is the only person to request an appellate remedy.

1 Where only certain individual suspects or person convicted in the same proceedings have requested an appellate remedy and if this appellate remedy is granted, the contested decision shall also be quashed or amended in favour of the persons who did not request an appellate remedy if:

a.

the appellate authority assessed the facts of the case differently; and

b.

their considerations area also relevant to the other parties.

2 Before making their decision, the appellate authority shall if necessary hear the accused or person convicted who have not requested an appellate remedy, the public prosecutor and the private claimant.

against the rejection of requests for further evidence to be taken by the public prosecutor or the authority responsible for prosecuting contraventions, if the application may be filed again before the court of first instance be made without legal disadvantage.

2 If the authority upholds the objection, it shall make a new decision or quash the contested decision and refer the case back to the lower court for a new decision.

3 If it upholds an objection to a ruling abandoning proceedings, it may issue instructions to the public prosecutor or the authority responsible for prosecuting contraventions on the continuation of the proceedings.

4 If it holds that there has been a denial of justice or unjustified delay, it may issue instructions to the authority concerned and set time limits for its compliance.

an infringement of the law, including exceeding and abusing discretionary powers, the denial of justice and unjustified delay;

b.

an incomplete or incorrect assessment of the circumstances of the case;

c.

a decision that is inequitable.

4 Where the main hearing before the court of first instance considered contraventions only, the appeal may only claim that the judgment contains errors in law or the assessment of the circumstances was clearly incorrect or based on an infringement of the law. New averments and evidence may not be raised.

5 If the appeal is limited to civil matters, the first instance judgment shall only be reviewed to the extent permitted by the civil procedure law applicable at the place of jurisdiction.

1 Notice of intention to appeal must be given in writing or orally to the court of first instance within 10 days of the issuing of the judgment.

2 When it has drawn up the written judgment stating the grounds, the court of first instance shall transmit the notice together with the files to the court of appeal.

3 The party that has given notice of intention to appeal shall file a written appeal petition with the court of appeal within 20 days of receiving the written judgment stating the grounds. In the petition, he or she must indicate:

a.

whether he or she is contesting the judgment in its entirety or only in part;

b.

which changes to the judgment issued by the court of first instance judgment it is requesting; and

c.

what requests for further evidence to be taken it is making.

4 If a person is only contesting part of the judgment, he or she must indicate in the appeal petition which of the following parts the appeal is limited to:

1 If it is not clear from the appeal petition whether the first instance judgment is being contested in its entirety or only in part, the director of appeal proceedings shall request the party to clarify the petition and set a time limit for that purpose.

2 The director of proceedings shall send a copy of the appeal petition to the other parties immediately.

3 Within 20 days of receipt of the appeal petition, the other parties may:

a.

make a written application for the dismissal of the appeal without considering its substance; the application contain with a statement of the grounds;

1 The oral appeal hearing is governed by the provisions on the main hearing in the first instance.

2 If the accused or the private claimant filed the appeal or joint appeal, the director of proceedings shall summon him or her to the appeal hearing. In simple cases, he or she may, if requested, be granted dispensation not to attend and be permitted to submit and justify their applications in writing.

3 The director of proceedings shall summon the public prosecutor to the hearing:

a.

in the cases mentioned in Article 337 paragraphs 3 and 4;

b.

if the public prosecutor has filed the appeal or the joint appeal.

4 If the public prosecutor is not summoned, it may submit written applications and a written statement of the grounds or appear personally in court.

1 The appeal or joint appeal is deemed to have been withdrawn if the party that has filed it:

a.

fails without excuse to attend or to arrange to be represented at the oral appeal hearing;

b.

fails to file any written submissions; or

c.

cannot be summoned.

2 If the public prosecutor or the private claimant has filed an appeal against the verdict or the sentence and the accused fails without excuse to attend the hearing, so proceedings in absentia shall be held.

3 If the private claimant has limited his or her appeal to the civil aspect and the accused fails without excuse to attend the hearing, the court of appeal shall decide as on the basis of the findings made in the main hearing before the court of first instance and the other files.

1 If the proceedings in the first instance were so seriously flawed that they cannot be rectified by the appeal proceedings, the court of appeal shall quash the contested judgment and remit the case to the court of first instance so that it may conduct a new main hearing and issue a new judgment.

2 The court of appeal shall decide which procedural acts must be repeated or carried out.

3 The court of first instance is bound by the interpretation of law made by the court of appeal in the decree remitting the case and by the instruction issued in accordance with paragraph 2.

1 Any person who is adversely affected by a legally binding final judgment, a summary penalty order, a subsequent judicial decision or a decision in separate proceedings on measures may request a review of the case if:

a.

new circumstances that arose before the decision or new evidence have come to light that are likely to lead to an acquittal, a considerably reduced or more severe penalty for the convicted person or the conviction of an acquitted person;

b.

the decision is irreconcilably contradictory to a subsequent criminal judgment relating to the same set of circumstances;

c.

it has been proven in other criminal proceedings that the result of proceedings was influenced by a criminal offence; a conviction is not required; if it is not possible to conduct criminal proceedings, proof may be adduced in another way.

2 The review of a case due to a violation of the Convention of 4 November 19501 for the Protection of Human Rights and Fundamental Freedoms (ECHR) may be requested if:

a.

the European Court of Human Rights has held in a final judgment that the ECHR or its Protocols have been violated;

b.

the consequences the violation cannot be compensated for by the payment of damages; and

c.

the review of a case is necessary in order to redress the violation.

3 The review of a case for the benefit of the person convicted may also be requested after the case becomes time-barred.

4 Is the review of a case is limited to civil claims, it shall be admissible only if the civil procedure law applicable at the place of jurisdiction would allow a review of a case.

1 Applications for the review of a case must be submitted to the court of appeal in writing and include a statement of the grounds. The application must indicate and substantiate the grounds for the review.

2 Applications in terms of Article 410 paragraph 1 letter b and 2 must be filed within 90 days of receiving notice of the decision concerned. In other cases, applications for the review of a case are not subject to a time limit.

1 The court of appeal shall conduct a preliminary examination of the application for a review in written proceedings.

2 If the application is clearly in admissible or unjustified or if an application on the same grounds has already been made and rejected, the court shall not consider the substance of the case.

3 The court shall otherwise request the other parties and the lower court to comment in writing.

4 It shall decide on the required additions to the evidence and files as well as on preliminary measures, unless this is the responsibility of the director of proceedings in accordance with Article 388.

1 If the court of appeal rejects the grounds for a review put forward, it shall dismiss the application for a review and cancel any preliminary measures.

2 If the court of appeal accepts the grounds for a review put forward, it shall quash the contested decision in its entirety or in part and:

a.

remit the case to the authority that it designates for reconsideration and a new judgment; or

b.

make a new decision itself, provided the state of the files so permits.

3 In the event that it remits the case, it shall decide on the extent to which the grounds for a review accepted nullify the legality and enforceability of the contested decision and at what stage the proceedings should be resumed.

4 It may order the accused to be placed temporarily or to remain in preventive detention, if the relevant requirements are fulfilled.

1 If the court of appeal has remitted the case to the public prosecutor, the public prosecutor shall decide whether to raise a new prosecution, to issue a summary penalty order or to abandon the proceedings.

2 If it has remitted the case to a court, the court shall take any additional evidence required and, following a main hearing, shall issue a new judgment.

1 If the new decision imposes a higher sentence on the accused, the portion of the original sentence already served shall be taken into account.

2 If the accused is acquitted or a more lenient sentence is imposed or if the proceedings are abandoned, any fines or monetary penalties that have been overpaid shall be refunded. Claims made by the accused for damages or satisfaction are governed by Article 436 paragraph 4.

3 If a conviction is overturned and an acquittal imposed, the accused or, following his or her death, his or her next-of-kin may demand that the new decision be published.

In the event of failure to comply with procedural requirements or any other form of procedural default, the criminal justice authority may require the party responsible for the default to pay procedural costs and damages regardless of the outcome of the proceedings.

If the proceedings are abandoned or result in an acquittal because the accused is not legally responsible due to a mental disorder, the costs may be imposed on the accused if this appears reasonable in all the circumstances.

1 The accused shall bear the procedural costs if he or she is convicted. Exempted therefrom are the costs of the duty defence lawyer; Article 135 paragraph 4 is reserved.

2 If the proceedings are abandoned or the accused acquitted, all or part of the procedural costs may be imposed on the accused if he or she has unlawfully or culpably caused the proceedings to be initiated or has obstructed their conduct.

1 The private claimant may be ordered to pay procedural costs incurred as a result of his or her applications on civil matters if:

a.

the proceedings are abandoned or the accused is acquitted;

b.

the private claimant withdraws the civil claim before the conclusion of the main hearing before the court of first instance;

c.

the civil proceedings are dismissed or remitted to the civil courts.

2 In the case of offences prosecuted only on complaint, procedural costs may be imposed on the complainant where he or she has wilfully or through gross negligence brought about the proceedings or has obstructed their conduct, or on the private claimant where:

a.

the proceedings are abandoned or the accused is acquitted; and

b.

the accused is not liable to pay costs in terms of Article 426 paragraph 2.

3 If the complainant withdraws the criminal complaint as part of a settlement arranged by the public prosecutor, the Confederation or the canton shall normally bear the procedural costs.

4 An agreement between the complainant and the accused on who is to bear the costs in the event that the criminal complaint is withdrawn requires the approval of the authority that orders the case to be abandoned. The agreement may not prejudice the Confederation or the canton.

1 The costs of the appellate proceedings are borne by the parties according to whether they are successful or not. An appellant is also regarded as unsuccessful if the appeal is dismissed without its substance being considered or if the appeal is withdrawn.

2 Where an appellant secures a more favourable decision, he or she may be ordered to pay costs if:

a.

the appeal is successful due to circumstances that became apparent for the first time in the appellate proceedings; or

b.

only minor changes are made to the contested decision.

3 If the appellate authority itself issues a new decision, it shall also review the ruling on costs issued by the lower court.

4 If it quashes a decision and remits the case to the lower for a new decision, the Confederation or the canton shall bear the costs of the appellate proceedings, if the appellate authority so decides, those of the lower court.

5 If an application for a review is approved, the criminal justice authority that must subsequently deal with the case shall decide at its discretion on the costs of the first proceedings.

1 If compulsory measures have been applied to the accused unlawfully, the criminal justice authority shall award the accused appropriate damages and satisfaction.

2 There is a right to damages and satisfaction in relation to remand and preventive detention if the permitted period of detention is exceeded is and the excessive deprivation of liberty cannot be not accounted for in sanctions imposed in respect of other offences.

is sentenced to a monetary penalty, community service or a fine and the equivalent alternative custodial sentence would not be substantially shorter than the time spent on remand or in preventive detention;

b.

receives a suspended custodial sentence the length of which exceeds the time spent on remand or in preventive detention.

1 The accused, if acquitted, is entitled to appropriate damages from the private claimant in respect of expenditure incurred in relation to the civil claim.

2 If the accused is acquitted of an offence prosecuted only on complaint, the complainant may be required to compensate the accused for expenditure incurred in the proper exercise of his or her procedural rights, provided the complainant has brought about the proceedings wilfully or through gross negligence or has obstructed their conduct.

1 The private claimant is entitled to appropriate damages from the accused for costs incurred in the proceedings if:

a.

the claim is successful; or

b.

the accused is liable to pay costs in terms of Article 426 paragraph 2.

2 The private claimant must submit his or her damages claim to the criminal justice authority, and quantity and substantiate the same. If he or she fails to fulfil this obligation, the criminal justice authority shall not consider the claim

1 Third parties have the right to appropriate damages for losses that are not otherwise covered and to satisfaction if they have incurred losses as a result of procedural acts or in providing support to the criminal justice authorities. Article 433 paragraph 2 applies mutatis mutandis.

2 A decision shall be made on the claims in the final judgment. In clear cases, the public prosecutor may issue a decision in the preliminary proceedings.

1 Claims for damages and satisfaction in appellate proceedings are governed by Articles 429-434.

2 Where the accused is neither fully nor partly acquitted and the proceedings are not abandoned but the accused is successful on other points, he or she is entitled to appropriate damages for his or her expenditure.

3 If the appellate authority quashes a decision in accordance with Article 409, the parties are entitled to appropriate damages for their expenditure in the appellate proceedings and that part of the proceedings before the court of first instance that related to the quashed decision.

4 An accused who is acquitted or receives a reduced sentence following a review of the case is entitled to appropriate damages for his or her expenditure in the review proceedings. He or she is also entitled to satisfaction and damages for time spent in custody, provided this deprivation of liberty cannot be not accounted for in sanctions imposed in respect of other offences.

1 The Confederation and the cantons shall determine the authorities responsible for the execution of sentences and measures as well as the relevant procedure; special regulations in this Code and in the SCC1 are reserved.

3 The person convicted may contest the planned execution of a time-barred sentence or measure before the objections authority of the canton of execution. This authority shall also decide on whether the appeal has suspensive effect.

4 If the person convicted is made to serve a time-barred custodial sanction, he or she shall be entitled to damages and satisfaction in analogous application of Article 431.

1 Procedural costs, monetary penalties, fines and other financial payments to be made in connection with criminal proceedings shall be collected in accordance with the provisions of the DEBA1.

2 Claims in respect of procedural costs must be filed within 10 years of the date on which the decision on costs becomes legally binding. Default interest amounts to 5 per cent.

3 The Confederation and the cantons shall determine the authorities that collect financial payments.

4 The criminal justice authorities may set off their claims in respect of procedural costs against the claims to damages of the party liable to pay arising from the same criminal proceedings and against seized assets.

1 Proceedings that are pending when this Code comes into force shall be continued by the competent authorities under the new law unless the following provisions provide otherwise.

2 Conflicts on jurisdiction between authorities of the same canton shall be decided by the objections authority of the canton concerned and conflicts between the authorities of different cantons or between cantonal and federal authorities shall be decided by the Federal Criminal Court.

1 Applications for re-assessment following a judgment in absentia that are pending when this Code comes into force shall be considered in accordance with the previous law.

2 Applications for re-assessment following a judgment in absentia under the previous law that are made after this Code comes into force shall be considered in accordance with the law that is more favourable to the applicant.

3 The new law applies to the re-assessment. The court that would have been responsible for the judgment in absentia in accordance with this Code has jurisdiction.

1 If a decision was made before this Code comes into force, an appellate remedy against it shall be judged in accordance with the previous law by the authorities competent under the previous law.

2 If proceedings are remitted by the appellate authority or the Federal Supreme Court for re-assessment, the new law applies. The re-assessment shall be carried out by the authority that would have been responsible for the quashed decision in accordance with this Code.

Private prosecutions under the previous cantonal law that are pending before a court of first instance when this Code comes into force shall be continued to the conclusion of first instance proceedings in accordance with the previous law by the court that was competent under the previous law.

In proceedings that are pending when the Amendment of 28 September 2012 to this Code comes into force, the new law applies to examination hearings from the date on which the Amendment comes into force.

Irrespective of whether the new Victim Support Act of 23 March 20072 (new VSA) comes into force before or after the Criminal Procedure Code of 5 October 2007 (CPC), on commencement of whichever comes into force later or if both come into force at the same time, Article 305 paragraph 2 letter b CPC shall be amended as follows:

Irrespective of whether the new VSA comes into force before or after the CPC, on commencement of whichever comes into force later or if both come into force at the same time Number 9 of Annex 1 of the CPC shall cease to have effect and the new VSA shall be amended in accordance with number 10 of Annex 1 of the CPC.

Irrespective of whether the new VSA comes into force before or after the CPC, on commencement of whichever comes into force later or if both come into force at the same time Articles 84a, 104 paragraph 3 and 118 paragraph 2 shall be amended by number 12 of the Annex 1 the CPC as follows:

Examination of the indictment; suspension and abandonment of the proceedings Art. 329

Preparation for the main hearing Art. 330

Scheduling the main hearing Art. 331

Preliminary hearings Art. 332

Amending and adding charges Art. 333

Transfer Art. 334

Composition of the court Art. 335

Accused, duty defence lawyer and mandatory defence lawyer Art. 336

Public prosecutor Art. 337

Private claimant and third parties Art. 338

Opening; Preliminary and supplementary issues Art. 339

Continuation of the hearing Art. 340

Examination hearings Art. 341

Division of the main hearing Art. 342

Taking of evidence Art. 343

Differences in legal assessment Art. 344

Conclusion of the procedure for taking evidence Art. 345

Party submissions Art. 346

Conclusion of the party hearing Art. 347

Deliberations on the judgment Art. 348

Additional evidence Art. 349

Latitude in assessing the charge; Basis for the judgment Art. 350

Decision on and notice of the judgment Art. 351

Requirements Art. 352

Content and notice of the summary penalty order Art. 353

Rejection Art. 354

Procedure for rejection Art. 355

Procedure before the court of first instance Art. 356

Art. 357

Principles Art. 358

Opening proceedings Art. 359

Indictment Art. 360

Main hearing Art. 361

Judgment or rejection of application Art. 362

Jurisdiction Art. 363

Procedure Art. 364

Decision Art. 365

Requirements Art. 366

Conduct and decision Art. 367

Application for a re-assessment Art. 368

Procedure Art. 369

New judgment Art. 370

Relationship to an appeal Art. 371

Requirements and jurisdiction Art. 372

Procedure Art. 373

Requirements and procedure Art. 374

Decision Art. 375

Requirements Art. 376

Procedure Art. 377

Use for the benefit of the person suffering harm Art. 378

Applicable regulations Art. 379

Final or non-contestable decisions Art. 380

Rights of the public prosecutor Art. 381

Rights of other parties Art. 382

Payment of security Art. 383

Commencement of the period for requesting the appellate remedy Art. 384

Statement of the grounds and form Art. 385

Waiver and withdrawal Art. 386

Suspensive effect Art. 387

Procedural and preliminary measures Art. 388

Additional evidence Art. 389

Written procedure Art. 390

Decision Art. 391

Extending the application of successful appellate remedies Art. 392

Admissibility and grounds Art. 393

Inadmissibility of the objection Art. 394

Collegial court as objections authority Art. 395

Form and time limit Art. 396

Procedure and decision Art. 397

Admissibility and grounds Art. 398

Notice of intention to appeal and appeal petition Art. 399

Preliminary examination Art. 400

Joint appeal Art. 401

Effect of the appeal Art. 402

Decision to consider the substance of the appeal Art. 403

Extent of consideration Art. 404

Oral procedure Art. 405

Written procedure Art. 406

Default by the parties Art. 407

New judgment Art. 408

Quashing the judgment and remitting the case Art. 409

Admissibility of and grounds for a review Art. 410

Form and time limit Art. 411

Preliminary examination and decision to consider the substance of the case Art. 412

Decision Art. 413

New proceedings Art. 414

Consequences of the new decision Art. 415

Scope of application Art. 416

Liability to pay costs for procedural default Art. 417

Participation of more than one person and liability of third parties Art. 418

Liability to pay costs of persons not legally responsible due to a mental disorder Art. 419

Legal action Art. 420

Decision on costs Art. 421

Definition Art. 422

Principles Art. 423

Calculation and fees Art. 424

Deferment and remission Art. 425

Liability to pay costs of the accused and parties to separate measures proceedings Art. 426

Liability to pay costs of the private claimant and the complainant Art. 427

Allocation of costs in appellate proceedings Art. 428

Claims Art. 429

Reduction or refusal of damages or satisfaction Art. 430

Unlawfully applied compulsory measures Art. 431

Rights in relation to the private claimant and the complainant Art. 432

Private claimant Art. 433

Third parties Art. 434

Time limits Art. 435

Damages and satisfaction in appellate proceedings Art. 436

Entry into force Art. 437

Notification of legal effect Art. 438

Execution of sentences and measures Art. 439

Preventive detention Art. 440

Time limit for enforcement Art. 441

Enforcement of decisions on procedural costs and other financial payments Art. 442

Enforcement of criminal judgments on civil matters Art. 443

Official notices Art. 444

Art. 445

Repeal and amendment of current legislation Art. 446

Coordination provisions Art. 447

Applicable law Art. 448

Jurisdiction Art. 449

Main proceedings of first instance Art. 450

Separate subsequent court decisions Art. 451

Proceedings in absentia Art. 452

Decisions made before this Code comes into force Art. 453

Decision made after this Code comes into force Art. 454

Rejections of summary penalty orders Art. 455

Private prosecutions Art. 456

Art. 456a

Art. 457

1 The new VSA came into force on 1 Jan. 2009.2 SR 312.53 SR 322.14 Amended by No I 3 of the Federal Act of 26 Sept. 2014 on Victims' Right to Information, in force since 1 Jan. 2016 (AS 2015 1623; BBl 2014 889 913).